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You will need photo identification. Sign the Affidavit in the presence of the notary or clerk. ? You will need the death certificate and the will (if any) o You need a certified copy of the death certificate. You can get the death certificate from the funeral home or the Office of Vital Statistics.
An affidavit can be filed if the fair market value of the estate is $275,000 or less. Of that amount, no more than $200,000 can be attributable to real property and no more than $75,000 can be attributable to personal property.
All of the requirements in the Affidavit of Claiming Successor Testate Estate must be completed. The Affidavit must be filled out correctly and the mailings completed as required, one copy to Department of Human Services and one copy to the Oregon Health Authority. The filing fee for a Small Estate is $124.00.
An heir, devisee, personal representative, or creditor may file a Small Estate Affidavit. Heir. An heir is an individual who would inherit from the estate under Oregon's laws of intestacy.
Affidavits must always be notarized by a notary public. "Notarized" means that you have sworn under oath that the facts in the affidavit are true, the document has been signed in front of a notary public, and a notary public has signed and put a seal on the affidavit.
The most common reason for probate in Oregon is the death of a person who owned property in their own name, without any joint owners or beneficiaries designated. In this case, the probate court will oversee the distribution of the deceased person's assets to their heirs or beneficiaries.
Probate can be started immediately after death and takes a minimum of four months. If the estate includes property that takes a while to sell, or if there are complicated tax or other matters, probate can last much longer. A small estate proceeding cannot be filed until 30 days after death and is complete upon filing.