- Course Number:
- PL 111
- Course Title:
- Probate Practice
- Credit Hours:
- Lecture Hours:
- Lecture/Lab Hours:
- Lab Hours:
- Special Fee:
Course DescriptionCovers preparation and filing of necessary papers used to administer an estate under Oregon state law. Audit available.
Addendum to Course Description
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.
Intended Outcomes for the course
(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.
Outcome Assessment Strategies
Examinations, written assignments, and projects.
Course Content (Themes, Concepts, Issues and Skills)
Themes and Concepts:
This course will address topics including, but not limited to
Probate and Non-probate Property
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
Small Estate Procedure
Guardianships and Conservatorships
Right to Die and Other Death-Related Issues