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King Washington Heirship or Descent Affidavit Questionnaire

Category:
Probate - Heirship
State:
Multi-State
County:
King
Control #:
US-Q1018
Format:
Word; 
Rich Text
Instant download
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a heirship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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  • Preview Heirship or Descent Affidavit Questionnaire
  • Preview Heirship or Descent Affidavit Questionnaire
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How to fill out Heirship Or Descent Affidavit Questionnaire?

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FAQ

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.

Oregon has a simplified probate process for small estates. To use it, you (as an inheritor) file a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.

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.

How to File (5 steps) Step 1 Gather Information. Step 2 Prepare Affidavit(s) Step 3 Notify Department of Health Services. Step 4 Get All Forms Notarized. Step 5 Collect the Assets.

The statute allowing for an affidavit of tangible personal property to transfer an estate's personal assets also allows for an affidavit of death and heirship to transfer severed mineral interests to an heir. The affidavit must be filed with the county clerk in the county where the property is located.

By way of introduction, an estate is a small estate if the total value of the assets that need to be administered does not exceed the following values: $200,000 for real property and $75,000 for personal property. Small estates can be administered through a formal probate proceeding, just like larger estates.

The price of the Affidavit of Heirship is $500. This price includes the attorneys' fees to prepare the Affidavit of Heirship and the cost to record in the real property records. You can save $75 if you record the Affidavit of Heirship yourself.

Where do you file an affidavit of heirship? An affidavit of heirship must be filed with the real property records in the county where the land is located. Call the county clerk and ask how much their filing fees are. The filing fees vary from county to county.

1. This form should be completed by someone other than an Heir. This person should be someone who is familiar with the family history of the deceased (decedent), and who will obtain no benefit from the Estate. The person who fills out the form is referred to as the AFFIANT.

Small estates are governed by Oregon Revised Statutes (ORS) 114.505-114.5351. Other laws and rules apply to court filings generally and to probate (estate) law. FILER / AFFIANT You can file a Small Estate Affidavit if you are any of the following: 27a2 An heir.

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