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In Oregon, the law states that the executor's compensation is based on the following: Probate property, including income and gains: (A) Seven percent of any sum not exceeding $1,000. (B) Four percent of all above $1,000 and not exceeding $10,000.
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.
In Oregon, the law states that the executor's compensation is based on the following: Probate property, including income and gains: (A) Seven percent of any sum not exceeding $1,000. (B) Four percent of all above $1,000 and not exceeding $10,000.
If the will does not specify an executor fee (or you have renounced your claim to that fee), then Oregon law determines executor fees as a percentage of the gross estate subject to the jurisdiction of the court: 7.0% on the first $1K. 4.0% on the next $9K. 3.0% on the next $40K.
As long as the expense can be justified as a legitimate cost related to their role and receipts are recorded and kept as part of the estate accounts, an executor's costs can be reimbursed from the estate.
What is the role of an executor? The executor is tasked with finalising all administrative matters, to include collecting in and valuing assets, accounting for tax, preparing estate accounts and distributing the estate to the named 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.
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.
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.
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.