Under Oregon law you may be able to use an abbreviated procedure to handle your mother’s estate. For small estates that would otherwise require a probate proceeding you may be able to file an Affidavit of Claiming Successor, which is sometimes referred to as a small estate affidavit.
For your mother’s estate to qualify for an Affidavit of Claiming Successor:
- The fair market total value of the estate must be $275,000 or less;
- The estate’s personal property must have a fair market value of $75,000 or less; and
- The estate’s real property must have a fair market value of $200,000 or less
The fair market value is the value of the property on the open market and is not reduced by liens or other debts owed against the property.
To file the affidavit, you must qualify as a ‘claiming successor.’ A claiming successor includes:
- An heir or devisee of the decedent
- The person nominated as personal representative under a will
- A creditor of the estate who has not been paid within sixty days after death
- The Director of the Division of State Lands
You must wait until thirty days after the date of death to file the affidavit. Along with the affidavit, you have to provide the following:
- A certified copy of the death certificate
- The original will, if there is one
- A court filing fee
There is a four month period, similar to a probate proceeding, during which claims against the estate can be presented to the affiant.
An experienced Probate Attorney can help you understand if your mother’s estate qualifies for a small estate proceeding. They can also assist you with drafting the necessary documents and completing the affidavit process. Contact the probate attorneys with the Law Offices of Nay & Friedenberg in Portland, Oregon at (503) 245-0894 to set an appointment.
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