Estates aren’t just houses and investments. Most people accumulate a lot of stuff over the years of their lives, everything from furniture and kitchenware to books and jewelry, as well as more unusual items that may have artistic or historic value. After a person dies in Oregon, these personal belongings may need to go through probate, and family members may be uncertain what to do with some items.
How Personal Belongings Are Treated During Probate
After a person dies, their debts are settled, and remaining assets are distributed to heirs following the will, if there is one, or Oregon state law, if there is not a will.
This often requires a formal, court-supervised process known as probate. However, the Oregon Judicial Branch states that probate is not always necessary, for example, when a person dies leaving very few assets or when a co-owner takes possession of assets automatically. Some small estates in Oregon are eligible for a streamlined probate option. In some cases, personal items may need to go through the full probate process.
If you are handling the estate of a loved one, an estate planning attorney can help you understand what’s required.
Deciding What You Want to Happen to Your Personal Belongings
If you want specific items to go to specific loved ones, it’s important to make this clear in your estate plan.
You can include personal items of high monetary or sentimental value in your will with specific bequests. You can also use a separate personal property memorandum to indicate what you want to happen to your personal belongings.
But be warned – your loved ones may not love your stuff. According to Upworthy, some Millennials have been complaining that their Boomer parents tend to hoard personal items, and they dread having to sort through them when their parents eventually pass. Although your family members may cherish certain prized possessions, they may not want to inherit boxes full of household items, and they may even be stressed about the prospect.
Managing Personal Items as a Personal Representative
If you’re serving as the personal representative of an estate, conducting an inventory of the estate is part of your responsibilities. It’s typically acceptable to group common household items together. For example, you may be able to list “kitchenware” without calling out every pot and pan. Before you begin the inventory, check with the probate rules in the governing jurisdiction to see how detailed you need to be.
Also be aware of important items that deserve individual attention. These may be antiques, works of art, pieces of jewelry or rare collectibles with significant monetary value. They may also be highly sentimental pieces and family heirlooms that other family members will want to retain. Check the will, if there is one, to see if individual pieces have been bequeathed to anyone. You may also need to obtain an appraisal for certain items for tax purposes.
Options for Distributing Personal Belongings in Probate
There are multiple ways to handle personal belongings during probate. Common options include:
- Bequeath personal items to a loved one. You may want to keep family heirlooms and items of significant sentimental or financial value in the family, or you may want specific items to go to dear friends of yours.
- Donate items. For high-value items, it can be helpful to make arrangements ahead of time. For example, if you have a rare historical artefact that you would like to donate to a museum, you can reach out to the museum and discuss your intentions during the estate planning process. For lower-value items, it may make sense to name a nonprofit organization like Goodwill as the recipient.
- Hold an estate sale. Surviving loved ones often hold an estate sale. This can be a simple way to deal with household items when family members do not have space for them. The proceeds go to the estate and may be used to cover debts or funeral expenses, and any remaining money may be distributed to heirs.
- Hold an estate auction. For higher-value items, an estate auction may be preferable to an estate sale. This allows the executor of the estate to seek the highest bid for each item.
There’s a lot to consider during Oregon probate, and figuring out what to do with household items and other personal belongings can add to the complexity. An estate attorney can guide you through the process and help you understand your legal responsibilities. Learn more about Oregon probate.