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PDF Editor FAQ

What are your legal advice? It has become necessary for me to file a small estate affidavit regarding my father, but I live in the Washington State, and he passed away in Oregon. Do I file here, or do I file in Oregon?

My legal advice is that you see a real lawyer in Oregon since that is where his property is and the court in Washington has no jurisdiction over foreign property.

If a parent dies without a will or spouse, how and in what way does the state give the children the inheritance? How do they contact the children or know where they are when the times comes to pass the inheritance down?

If a parent dies without a will or spouse, how and in what way does the state give the children the inheritance? How do they contact the children or know where they are when the times comes to pass the inheritance down?It all depends on the laws of your locality. In the U.S., each state has its own laws regarding probate, and how to handle the estate of a person who dies intestate (without a will). I can only reference my experience from having to do this in the State of Oregon in 1996.My mother had a heart attack and stroke and was admitted to the hospital December 30, 1995. She held on for a few days, and passed away on January 2nd. My mother was afraid of doctors, afraid of dying, and wouldn’t discuss matters related to her health with anyone. It was no surprise to me that she died without a will.Oregon has what is called a “Small Estate” law. If a person dies intestate with an estate with a fair market value of less than $275,000 (without deductions for liens or debts) the heirs can file a Small Estate Affidavit to prevent the estate from going to probate. The estate must also be comprised of no more than $75,000 in personal property and $200,000 in real property. The person named in the affidavit becomes the “Affiant” for the estate. The affiant then administers the estate much the same as an appointed executor would administer the estate of a person who died testate.The affiant has many responsibilities that are specified in the law. I strongly suggest having a consult with an attorney if this becomes necessary.Oregon Small Estates2017 Oregon Revised Statutes 114.505

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