Oregon Sample Letter for Execution of Petition to Close Estate and For Other Relief
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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.
You must promptly notify the court and any party entitled to a required notice. ? A regular probate case must be started. You must turn over estate assets to the personal representative of the estate. Amended Affidavits must include all prior information in addition to new information.
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.
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.
How do I get letters? Letters Testamentary or Letters of Administration are issued by the court, once the court has appointed you the Personal Representative of the estate. These documents authorize you to handle the claims, releases, transfers, and other issues in the estate.
This more streamlined process is known as the small estate proceeding, and it breaks down pretty much like this: Personal property in the estate must have a value less than $75,000. Real property in the estate must have a fair market value less than $200,000.
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.
You must petition the probate court to admit any will to probate and to appoint you as the personal representative. The petition contains some basic background information of the decedent, and this information is described in ORS 113.035 -Petition for appointment of personal representative and probate of will.
