What is Living Probate and Who Can File It?

If you’ve been researching elder law topics, you might have come across the subject of “living probate.” Like many legal terms, this phrase can be slightly confusing, and its meaning is not immediately clear. After a few minutes of brief research, however, you will quickly learn that living probate really isn’t all that complicated. Generally speaking, living probate applies to those who can no longer make decisions on their own behalf. 

While living probate is relatively straightforward, it is not easy to actually implement. If you need help with this, you’re going to have to connect with a qualified, experienced elder law attorney. During your initial consultation, you can learn more about the living probate process, and your lawyer can answer any questions you might have. From there, they can guide you forward and help you approach this situation in the most efficient manner possible. 

Remember, internet research only gets you so far, and you’ll need to speak with a lawyer face-to-face if you want real results. But we know what you’re thinking: “Where can I find attorneys near me?” Fortunately, there are many attorneys in Oregon who can assist you with this matter. 

Living Probate Explained

To understand the concept of living probate, you must first understand the latter part of the phrase. “Probate” is a process that certifies your will and appoints an executor to deal with your wishes and distributions to various beneficiaries (1). Obviously, this process happens after you die. But in some rare cases, these important decisions may be carried out while you are still alive. This is called “living probate.”

When is Living Probate Allowed?

Living probate is only allowed when a person can no longer manage their affairs or make decisions about their own lives. This occurs most commonly among the elderly population, especially when Alzheimer’s, dementia, or similar disorders are present. In this situation, a person is deemed legally “incapacitated,” and the court may appoint one more people to make decisions on their behalf (2). 

Why Would I Want to File for Living Probate?

You might file for living probate if you have an elderly loved one who can obviously no longer make important decisions on their own behalf. After filing, you may be appointed as a guardian. This allows you to make decisions about the person’s medical procedures, living arrangements, and more. The court could also appoint a “conservator,” who has the authority to manage the incapacitated person’s financial affairs. 

Where Can I Find an Estate Planning Attorney Near Me?

If you’ve been searching for estate planning attorneys in Bend, look no further than Two Spruce Law, P.C. Over the years, we have assisted families with various matters related to elder law, including situations that might call for living probate. With our assistance and guidance, you can explore your legal options and move forward in the most efficient way possible. Book your consultation today. 


  1. https://www.investopedia.com/terms/p/probate.asp
  2. https://www.law.cornell.edu/wex/incapacity

Two Spruce Law P.C.
204 SE Miller Avenue
Bend, OR 97702

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