Portland Community College | Portland, Oregon

This course is designed to provide an overview of estate administration in Oregon courts by use of Oregon statutes, rules, and forms.  We will analyze the concepts involved in intestate succession and compare those to the concepts involved in testate (with a will) succession. 
Students will be provided with information about the various types of ownership of property and will discuss how these types of ownership apply to probate. Students will be introduced to terminology specific to probate. Attention will be directed to practical probate practice, such as basic office procedures, checklists, and probate-related tasks most typically performed by legal assistants. This is an elective course for either a certificate or a degree in the Legal Assistant program at Portland Community College.  Course work may include, but is not limited to, the use of texts, state statutes and rules, journal articles, lecture, group discussion and activities, guest speakers, and student presentations.

(1) Distinguish between probate and nonprobate property.  (2) Compare intestate to testate succession.  (3) Prepare a simple will.  (4) Identify the requirements of a simple testamentary trust.  (5) Prepare documents necessary to administer a probate in Oregon, including the filing requirements.  (6) Identify the various timelines involved in completing a probate case.  (7) Set up office procedures to ensure that all steps in probate administration occur in a timely fashion.  (8) Identify situations that require publication of notice. (9) Identify relevant Oregon statutes and civil rules of procedure.

Examinations, written assignments, and projects.

Themes and Concepts:
This course will address topics including, but not limited to
       
    Probate and Non-probate Property
    Intestate Succession
    Tasks Performed by Legal Assistants in Probate Practice
    Checklists for Interviewing Clients
    Requirements for a Valid Will
    Principles of Lapses and Ademption
    Family Support and Protection
    Role and Function of Probate Courts
    Duties of the Personal Representative
    Probate Documents and Filing Requirements
    Checklists for Timely Handling of a Probate Case
    Estate Taxes
    Small Estate Procedure
    Guardianships and Conservatorships
    Right to Die and Other Death-Related Issues