We are pleased that you are considering retaining this office to be of service to you in connection with the administration of a probate estate. In all likelihood if you are reading this page, you have recently lost someone you love. We are sorry for your loss. We hope to make the probate process as simple and manageable as possible for you.

Based on our experience, it is best if we help you to understand what to expect from the probate process before you get started. The page is designed to let you know what to expect and to help you to understand what we will do, what you will be expected to do and what you will likely need other professionals to help you do.

Personal Representative

The personal representative is the person who administers the estate of a deceased person. If the decedent died intestate, then the personal representative is referred to as the Administrator. In some jurisdictions the personal representative is referred to as the Executor or Executrix.

Information We Need About the Proposed Personal Representative

Before we get the probate process started, we need to ask a few rather invasive questions to ensure that the proposed personal representative is not disqualified to serve as the personal representative under Oregon law. The personal representative must inform the court if he or she has been convicted of a felony. This reporting requirement does not necessarily mean that the person cannot serve. If you have questions about this requirement, please contact us.

In addition, please note that people with the following characteristics are not qualified to serve as personal representatives in the State of Oregon:

1. an incompetent;
2. a minor;
3. a person suspended for misconduct, or disbarred from the practice of law, during the period of suspension or disbarment;
4. a person who has resigned from the Oregon State Bar when charges of professional misconduct are under investigation or when disciplinary proceedings were pending against the person, until the person is reinstated;
5. a licensed funeral service practitioner unless the decedent was
   1. a relative of the licensed funeral service practitioner, or
   2. a licensed funeral service practitioner who was a partner, employee or employer in the practice of the licensed funeral service practitioner who is petitioning for appointment as personal representative.

Please pardon our intrusiveness when we make inquiries in this regard, as you can see, we are obligated to ask certain questions that can be somewhat uncomfortable depending on the answers.

What We Charge

It has been our experience that clients and attorneys work together best when our clients have a clear understanding of the firm's policies regarding the distribution of work within the firm, the manner and method by which we bill for our legal services, and how those bills should be paid for services rendered. Accordingly, I would like to take this opportunity to explain our fee structure to you. As a general rule, we charge on an hourly basis for all time expended on behalf of clients. The hourly rate in this office is $225 per hour for all attorney time, $125 for all paralegal and $90 for all secretarial time expended rendering services on behalf of the clients. We do not nickel and dime our clients. For example, you will not be billed for the cost of long-distance calls, faxes or copying, other than as described in this page.

Our office also uses legal secretaries to perform routine legal services. This type of legal secretary time, if the work is of a paralegal nature, is charged at $90 per hour. Large copying jobs will be billed to you at the secretarial rate, but you will not be billed for the cost of the copies on a per-page basis or otherwise. Secretarial work, such as typing and filing is not billed to you. Work of a paralegal nature includes taking phone calls from you, making phone calls to assist in researching the estate’s assets and/or debts, writing letters, preparing Quicken and Quick Books reports and/or spread sheets regarding the estate’s assets and/or debts, time spent evaluating claims, bank records, etc.

As you might expect, this office bills for time expended on your behalf from the initial consultation through closing of the matter. Time expended includes office conferences, telephone discussions, correspondence, electronic communication, document review and preparation, and any other reasonable time. The minimum block of time billed for each task is almost always .2 of an hour (12 minutes). We reserve the right, in our discretion, to bill less than .2 for a task.

Tip for $aving Money

Because we bill for our time and we have a minimum billing increment of 12 minutes, it would be wise for you to call us when you have a few questions to ask, rather than each time you have a question. That way, we may be able to answer all of your questions in one 12-minute conversation, rather than charging you 12 minutes for 3 or 4 separate conversations. Please bear in mind that we do not just bill for the time we spend with you. We will nearly always take the time document our conversations with you. That documentation time is also billed to your file. The tactic of calling for several reasons rather than one reason works for e-mail communications as well as phone calls.

Costs and Expenses

In addition to the attorney's hourly fees, you also will be billed for actual costs and expenses incurred by the office in connection with over-night mail fees, filing fees, publication costs, travel costs and any other out-of-pocket expenses incurred on your (or the estate’s) behalf or for your (or the estate’s) benefit.

How You Get Billed

During the normal course of a probate, legal fees and costs advanced by this office are not allowed to be paid until court approval for the payment of fees is secured. You will receive informational billing statements detailing the services rendered and the fees, costs, and expenses. We usually send these informational billings with a cover letter asking you not to pay them (you are not billed for that letter). We usually send these informational billings out about every other month after the estate opens until it is closed.

Questions About Bills

Of course, if you ever have a question regarding your billing statement, please feel free to contact either me or either of my assistants, Nicole or Molly. You will not be charged for phone calls that deal only with a question about your bill. If you need to call about your bill and another matter, you will only be billed for that portion of the call that had to do with the matter other than the bill.

What We Do For You

The services which we will normally perform in connection with the probate of an estate include the following:

1. We advise and assist you to determine whether a probate is required and/or recommended.
2. If you decide to go forward with a probate, we assist with determining which type of probate is appropriate based on the facts and circumstances of the case.
3. We advise and assist the personal representative by preparing the documents necessary to initiate the probate. These include the Petition for appointment of the personal representative, Order Appointing Personal Representative, filing a bond where necessary, publication of Notice to Interested Persons, and Notice to Heirs and Devisees.
4. During the period of the probate (assuming we represent the personal representative), among the many services we will be performing include opening and supervising the estate banking accounts, examination of and payment of uncontested claims, examining and assisting the personal representative in denying contested claims, assisting the personal representative in gathering the information to prepare the state and federal income tax returns for the period up to the date of the decedent's death, assisting the personal representative in gathering the information necessary to prepare and file of state and federal death tax returns, filing of the required probate documentation such as an inventory of the estate's assets, and simple noncomplex services in connection with the sale and disposition of assets of the estate. We do NOT prepare income tax returns or death tax returns. If requested, we work with the personal representative’s accountant to prepare those documents. The personal representative will need an accountant, preferably a Certified Public Accountant, to prepare the estate’s tax returns.
5. We work with the personal representative to prepare and file the documents necessary to close the estate, including the preparation and filing of the Final Account, preparation of the General Judgment approving the Final Account and authorizing distribution of assets, preparation and filing of the documents necessary to acquire the Supplemental Judgment closing the estate and discharging the personal representative.

Many probates also require services which are not normal and routine, such as the sale of real property, the sale of personal property involving extra services, litigation, complex tax issues, negotiations with the state and federal taxing authorities on audits of income or death tax returns, determination and location of heirs, complicated distributions of assets, tax planning, disclaimers, and other similar matters. These non-routine services will be charged at the attorney's hourly rate.

As you know, minimizing your attorney fees is important, however it is most important that we maintain an open line of communication with each other at all times. This will allow us to better serve you and keep you fully informed regarding the status of the work we are performing on your behalf. During the course of our representation, we will provide you with copies of all correspondence mailed in connection with your file. The office is open from the hours of 8:30 a.m. to 5:00 p.m. Our legal assistant, Nicole, is here until 4:30 p.m. most days. Our assistant, Molly, is here Tuesday morning, Thursday mornings and most Fridays and other days as agreed in advance. If you would like to leave a message after hours or on a weekend, please call the office any time to leave a message with a live receptionist.

Personal Representative’s Fee

The personal representative is entitled to a statutory fee which is based upon a percentage of the assets of the estate. It is 7 percent of the first $1,000; 4 percent of the next $9,000; 3 percent of the next $40,000; and 2 percent of the value of the assets exceeding $50,000. Also, the personal representative is entitled to a fee of one percent of the value of all assets not subject to probate, excluding life insurance, which is subject to inheritance tax in the state of Oregon or the Federal death tax. The personal representative is also entitled to be reimbursed for expenses incurred, and, subject to court approval, to be paid an additional fee for extraordinary services which are not normal for a routine probate. Extraordinary services include such things are selling the decedent’s home or business, handling litigation for the estate or the decedent, and other time-consuming matters.

Waiver of Personal Representative’s Fee

If the personal representative is to receive assets from the estate as an heir, it may be advisable for the personal representative to decline the personal representative's fee. That is because the personal representative's fee is taxable income, whereas any distribution received from the estate is income tax-free. Most, but not all, of our personal representative clients begin the probate process intending not to accept a fee; many later change their minds as the amount of work involved in serving as personal representative becomes apparent. Please let us know as soon as you can whether you wish to collect that fee.

Our Commitment to Clients

It is of the greatest importance that you understand the significance we try to place on each client's work. We will endeavor to treat you personally and with the utmost respect. Each client is an individual with his or her own needs, and we attempt, whenever possible, to accommodate those needs. We will take every possible step to ensure that our representation of you is handled swiftly, personally, efficiently, and professionally. If you have a concern regarding the progress of your transaction, please do not hesitate to contact me.

If you have any questions concerning the administration of the estate or the contents of this page, please contact us.