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ESTATE. You can only file a Small Estate Affidavit if the total value of the estate is under $275,000 and: ? No more than $75,000 of the fair market value of the estate is from personal property. and. ? No more than $200,000 of the fair market value of the estate is from real property.
The Estate Settlement Timeline: Even though Oregon law does not specify a strict deadline for this, it is generally advisable to do so within a month to prevent unnecessary delays in the probate process.
Probate is not always necessary. If the deceased person owned bank accounts or property with another person, the surviving co-owner often will then own that property automatically.
Be sure that you have completed all the tasks in the affidavit before filing. 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.
Estate assets cannot be distributed without court approval. The court will not approve distributions from the estate until after: 4 months from the first publishing date. The required notice to heirs, devisees, and State agencies (DHS) has been given.
Sometimes probate is needed to: Clear title to land, stocks and bonds, or large bank or savings and loan accounts that were held in the name of the deceased person only, and put the title to these assets in the names of the rightful beneficiaries. Collect debts owed to the deceased person.
Every estate is different and can take a different length of time to administer depending on its complexity. There is a general expectation that an executor or administrator should try to complete the estate administration within a year of the death, and this is referred to as the executor's year.
The timeline can fluctuate widely, typically spanning from several months to over a year, depending on factors such as the size and complexity of the estate, the clarity of the will, and whether the probate process is contested.
An executor cannot change beneficiaries' inheritances or withhold their inheritances unless the will has expressly granted them the authority to do so. The executor also cannot stray from the terms of the will or their fiduciary duty.
In Oregon, the following intestate laws apply if you are married and died without a will: If you are married and have no surviving child, your spouse inherits everything. If you are married and have children with your spouse, your entire estate will go to your surviving spouse.