Oregon Affidavit of No Prior Relationship

State:
Multi-State
Control #:
US-04338BG
Format:
Word; 
Rich Text
Instant download

Description

An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public). The person making the signed statement (affiant) takes an oath that the contents are, to the best of their knowledge, true. It is also signed by a notary or some other judicial officer that can administer oaths, affirming that the person signing the affidavit was under oath when doing so. These documents are valuable to presenting evidence in court when a witness is unavailable to testify in person.


An affidavit generally consists of statements of fact regarding the issue at hand, with a section at the bottom for the affiant to swear to the truth of the statements made and affix his/her signature, which is then notarized in a jurat. A jurat is the bottom part of an affidavit where the officer certifies that the document was "sworn" before him.


How to fill out Affidavit Of No Prior Relationship?

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FAQ

Under Oregon law, the legislature has enacted important statutes to protect surviving spouses from being disinherited. A surviving spouse's right to an elective share is not automatic under Oregon law. A surviving spouse must file a motion for the exercise of the elective share within nine months after the spouse dies.

A small estate affidavit is just a written legal document you can get a small estate. affidavit from the county clerk's office or have an attorney prepare one. Administering the estate with an affidavit is one of the key ways to avoid probate.

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.

(ORS 114.515) Estates that are eligible for a administration by affidavit are those that have probate assets: Less than $200,000 worth of real estate. Less than $75,000 worth of personal property.

More specifically, each person becomes the owner of half of their community property, but also half of their collective debt, according to California inheritance laws. The only property that doesn't become community property automatically are gifts and inheritances that one spouse receives.

Step 1 Wait Thirty (30) Days. The small estate affidavit can only be filed after thirty (30) days have passed since the decedent's death.Step 2 No Personal Representative.Step 3 Complete Forms.Step 4 File With Court.Step 5 Send to Estate Recipients.

Under Oregon inheritance laws, If you have a spouse but no descendants (children, grandchildren), your spouse will inherit everything. If you have children but no spouse, your children will inherit everything. If you have a spouse and descendants (with that spouse), your spouse inherits everything.

You can use the simplified small estate process in Oregon if the fair market value of the estate is $275,000 or less, and not more than $75,000 of the estate is personal property and not more than $200,000 is real estate.

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.

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Oregon Affidavit of No Prior Relationship