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When Can You Use a Small Estate Proceeding in Oregon? You can use a small estate proceeding in Oregon if: the estate includes no more than $75,000 worth of personal property and no more than $200,000 worth of real estate, and. 30 days have elapsed since the death.

Small estates are governed by Oregon Revised Statutes (ORS) 114.505-114.5351. Other laws and rules apply to court filings generally and to probate (estate) law. FILER / AFFIANT You can file a Small Estate Affidavit if you are any of the following: ? An heir.

Probate is the Court Administered transfer of the property of someone who has passed away. Typically, it takes 5-9 months to probate an estate. For small estates the process is typically quicker but still takes at least 4 months.

When you file a Small Estate Affidavit, you are swearing that the information in the affidavit is true. Be sure that you have completed all the tasks in the affidavit before filing. An affidavit can be filed if the fair market value of the estate is $275,000 or less.

Then, the Affiant files the Small Estate Affidavit, death certificate, and original will (if any) with the court. The filing fee is currently $124 and must be paid at time of filing.

Probate is not always necessary. If the deceased person owned bank accounts or property with another person, the surviving co-owner often will then own that property automatically.

In a small estate proceeding, an interested party will submit a document called an ?Affidavit of Claiming Successor? to the local Court, along with a filing fee. If you left a Will, your Will must be attached to that Affidavit. Copies of the Affidavit must be sent to your creditors, your heirs, and the State of Oregon.

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All forms are available in WORD or Adobe Acrobat (PDF) format. A small estate affidavit allows the heirs of an estate to bypass the probate process and take immediate possession of the property.Once you have been given the Small Estate Affidavit, the process with the probate court will be complete. The Will should be turned in to Probate, but will not be Probated. A personal representative is not appointed. Forms to start a small estate may be mailed to Oakland County Probate Court provided they contain all signatures and include the appropriate filing fee(s). Review important forms and instructions related to the Probate process. It does not include information or forms for litigating a probate case. AdobeWordForm No.Categorypdfdoc109ESpdfdoc110ESpdfdoc111ES D Court Forms Category List > Probate.

Oregon Probate Small Estate Packet

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