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Albany woman urges changes to intestate probate process after contested appointment; committee hears concerns
Summary
A witness told the Senate Judiciary Committee that current intestate probate practice permitted a distant relative to be appointed personal representative within 15 days and that additional statutory guardrails and waiting periods are needed to protect decedents' written wishes.
Kimberly Sullivan of Albany told the Senate Judiciary Committee on March 3 that the current intestate probate process allowed a distant relative to secure an intestate personal‑representative appointment in 15 days despite a will excluding that person, and that the court overlooked evidence contradicting the intestate claim.
Sullivan said her mother's estate proceedings began after the decedent died in 2017 and that a distant relative filed for intestate probate even though a will existed naming a different executor. She testified that an attorney for the intestate filer did not disclose a certified letter signed by the executor and that a judge approved the intestate PR appointment within 15 days, after which the distant relative and relatives forcibly accessed the decedent's residence and removed property.
Sullivan said it took more than a month of litigation to reverse the appointment and more than two years for the estate to be finally settled in November 2019; she said the process generated substantial attorney fees and that bond requirements imposed by the judge "meant nothing" until the probate court process was completed. She said she filed complaints with the Oregon State Bar and the Professional Liability Fund but said the PLF concluded the attorney "did not have actual knowledge that there was a will" and that the Bar found no wrongdoing.
Tisha, the staff member who gave the committee overview, told the committee Senate Bill 744 would require a person who petitions for appointment of a personal representative to make a reasonable attempt to locate and notify persons of higher priority than the proposed personal representative; the measure applies to decedents' estates commenced on or after the bill's effective date.
Sullivan said she would submit a list of proposed amendments and guardrails to committee staff for consideration. The committee closed the public hearing on SB 744 and did not take a committee vote during the session.
