[Your Name] [Your Address] [City, State, ZIP Code] [Date] [Judge's Name] [Judge's Designation] [Oregon Probate Court] [Court's Address] [City, State, ZIP Code] Re: Petition for the Execution to Close Estate and Request for Other Relief [Case Number: XXXIX] Dear Honorable Judge [Judge's Last Name], I, [Your Full Name], the undersigned [Your Relation to the Decedent, e.g., Executor or Administrator], hereby submit this petition for the execution of the finalization of [Decedent's Full Legal Name]'s estate and request for other relief, pursuant to Oregon Revised Statutes [ORS]. Background: Provide a brief overview of the case, including the date of the decedent's passing, the opening of the estate, and any significant developments or proceedings that have occurred since then. Status of the Estate: — List the assets and liabilities of the estate. — Specify the distribution of assets among the beneficiaries or heirs. — Mention any taxes or debts that have been paid. — Indicate if all necessary accounting has been completed. Actions Taken: — Explain the steps taken to administer the estate, such as filing the will (if applicable), notifying creditors, paying outstanding debts, and distributing assets. — Reference any supporting documents attached to the petition, such as inventories, accounting, receipts, or releases signed by the beneficiaries. Compliance with Oregon Probate Laws: — State that all actions taken during the administration of the estate have been in accordance with applicable Oregon probate laws. — Certify that proper notices have been given, statutory waiting periods have elapsed, and necessary court orders have been obtained. Other Relief: — If there are specific additional requests or relief sought, clearly state them in this section. — Give a detailed explanation of the reasons for seeking such relief. — If the relief sought involves matters not directly related to closing the estate, provide a justification for including them in this petition. Conclusion: In consideration of the above, I kindly request that the court reviews and approves this petition for execution to close the estate and grant the relief sought, as it is in the best interest of the estate and all involved parties. Thank you for your attention to this matter, and we respectfully await your ruling. Sincerely, [Your Full Name] [Your Contact Information]
Oregon Sample Letter for Execution of Petition to Close Estate and For Other Relief
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How to fill out 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.
