It isn't clear what you mean by a simple probate. Oregon has a process which is a small estate affidavit which you can file with the probate court without an attorney. You then carry a certified copy around with you and show it to people you need to deal with in transferring property. That's the simple answer - but unfortunately there can be more involved.
You need to first understand when you need to probate property - because not all property requires a probate process. Then if you do need to probate, you need to understand whether the property you are dealing with can be handled with a small estate affidavit, because there are limits as to when this can be used. (By the way - there is legislation pending this year that should increase the dollar amounts for what is considered a small estate under Oregon's law.) Another area that people often have trouble with, is the mechanics of the law. They don't understand who are the people that inherit under the law when there is no will and they don't understand who needs to be mailed a copy of the affidavit to satisfy the notice requirements. Finally, even if you get it all correct, you can run still into trouble with out-of-state financial institutions that aren't familiar with Oregon's small estate affidavit process. I think you will save yourself a lot of problems if you consult with an attorney first. I like to trouble shoot these situations with my clients before they get started. We go over the small estate affidavit form, how to fill it out and I give them a copy of the statute and explain what the differents sections mean they need to do. Once I know what type of property is involved I can tell them how to deal with the particular item of property. Then they are welcome to proceed with the small estate affidavit without further legal fees unless they need to come back for more help.
Now if you were talking about a regular probate, large or small, at least in Multnomah County they don't want non-attorneys filing the probate cases. The procedure can be complex even if there is only a small amount of property involved.
Joanne Reisman
