Probate often takes months, and some delays are completely normal.

Signals of potential problems are: an estate sits without progress, beneficiaries cannot get answers, or assets are not being handled properly.

In Oregon and Washington, personal representatives have legal duties to move the estate forward and protect estate property. When they fail to do so, beneficiaries may have options.

Some common and legitimate causes include:

• Real estate that needs to be sold
• Tax issues
• Creditor claims
• Hard to value asset(s)
• Business interests
• Disputes among your fellow heirs or beneficiaries
• Will contests or other litigation/legal
• Property located in multiple states

A long probate is not automatically evidence of misconduct. The more important question is whether the personal representative is making reasonable progress.

When Should Beneficiaries Be Concerned?

Delay may deserve closer attention when it is accompanied by issues such as:

• Little or no communication from the personal representative
• Repeated failure to answer reasonable questions
• Estate property being neglected
• Taxes, insurance, or other expenses going unpaid
• Missing or unexplained assets
• Unnecessary delays in selling property
• Distributions being withheld without explanation
• Required court filings or reports being missed
• Transactions that appear to benefit the personal representative personally

Reuter Corbett’s trust and estate litigation practice includes disputes involving mismanagement, failure to distribute assets, and lack of communication by fiduciaries.

Oregon Probate Delays

Oregon law requires a personal representative to preserve, settle, and distribute an estate as expeditiously as is reasonable under the circumstances.

Oregon probate also includes important administrative requirements. For example:

• An inventory generally must be filed within 90 days after appointment
• Periodic accountings are required during administration
• The personal representative must protect estate assets
• The court may intervene when the representative neglects their duties

If the personal representative becomes incapable of serving, neglects the estate, or there is other good cause, an interested person may ask the court to remove the personal representative.

That can be an important remedy when probate delay is part of a larger pattern of mismanagement.

Washington Probate Delays

Washington has similar fiduciary duties but somewhat different procedures.

A Washington personal representative generally must:

• Prepare and file an inventory if any interested person requests it
• Prepare and file accountings if ordered by the court
• Administer the estate as quickly as reasonably possible
• Follow statutory reporting and court requirements

Washington law also allows courts to order a personal representative to act, restrict their authority, impose financial liability, or remove them when fiduciary duties are breached.

Washington also has procedures addressing estates that remain open for extended periods. In some circumstances, an estate that has not been closed within 24 months may be subject to additional court scrutiny and reporting requirements.

What Can Beneficiaries Do?

If probate appears to be stalled, beneficiaries can start by gathering information.

Useful records may include:

• Probate court filings
• The estate inventory
• Financial statements
• Property records
• Emails or letters from the personal representative
• Records of distributions
• Information about estate debts and expenses

Depending on the circumstances, an interested person may be able to ask the court to:

• Require an accounting or status report
• Order the personal representative to take specific action
• Challenge improper transactions
• Restrict the representative’s authority
• Recover losses caused by misconduct
• Remove the personal representative

Reuter Corbett recommends gathering documentation when fiduciary misconduct is suspected because financial records and communications can become important evidence.

When Probate Delay Becomes a Litigation Issue

Not every slow probate requires a lawsuit. However, court intervention may become appropriate when unreasonable delay is combined with neglect, missing information, asset mismanagement, self-dealing, or refusal to perform required duties.

At Reuter Corbett LLP, our trust and estate litigation attorneys represent beneficiaries and other interested parties in Oregon and Washington probate disputes, including cases involving personal representative misconduct and removal.

If an estate has stalled and you are concerned about how it is being handled, a probate litigation attorney can help determine what options may be available.

This article is for general informational purposes and is not legal advice.