Is there is a form that an executor can fill out otoavoid the probate process?

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Is there is a form that an executor can fill out otoavoid the probate process?

If this is true, where would one find out which form number they need? My father-in-law’s remaining parent recently passed and he is the executor and the only living heir. There are no debts, however the estate is not large. He has heard there is a form that can be filled out to keep things from needing to go to probate court. He doesn’t do anything online and asked if I would look into it for him. I appreciate what information you may be willing to give me.

Asked on July 9, 2012 under Estate Planning, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  I am unclear what you mean but I think that it may be the filing of a small estate affidavit.  If property is in the name of a party that passes away and needs to be transferred it always goes through probate.  Oregon allows an abbreviated procedure for handling small estates that would otherwise require a full probate. If an estate fits in this category, the cost and time for distributing the estate assets may be greatly reduced. The procedure involves filing a document called an “affidavit of claiming successor.” This abbreviated procedure can be used if the estate’s personal property is valued at no more than $75,000 and real property is valued at no more than $200,000, for a total aggregate estate value of no more than $275,000. (These rates are accurate for 2010, but can be changed by the state legislature. Please see an attorney or advisor to ensure that they are still accurate.) Real property includes land and buildings or structures placed on land, such as houses, commercial buildings and agricultural buildings. Personal property includes all other property, such as cars, boats, clothing, stocks, bonds and personal items.

I have found the form and instructions on the web from vaious sources in Oregon.  I will give you two links here.  Good luck.

http://courts.oregon.gov/Marion/MaterialsAndResources/ProbateForms.page

http://courts.oregon.gov/OJD/


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