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McCord & Hemphill | Bend Attorneys | Bankruptcy | Estate Law

Small Estate Probate

SMALL ESTATE PROBATE IN OREGON

Oregon’s small estate probate proceedings are designed to be quicker and more streamlined than regular probate. Small estate probate is available for estates with less assets , as a small estate if the total gross value of the estate assets is less than $275,000 (and consisting of no more than $200,000 of real estate and no more than $75,000 of other assets).

In a small estate proceeding, an interested party will submit a document called an “Affidavit of Claiming Successor” to the local Court, along with a filing fee. If you left a Will, your Will must be attached to that Affidavit. Copies of the Affidavit must be sent to your creditors, your heirs, and the State of Oregon. If no one objects and requests a regular probate proceeding, then your estate can be distributed through the small estate process. A small estate Affidavit cannot be filed with the Court until at least 30 days after you die and only if no regular probate proceedings have been initiated. Once filed, the small estate process usually lasts around four to six months.

If you have questions about Small Estate Probate proceedings, please feel free to contact us.

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