How Do You File A Small Estate Affidavit?
In order to claim the property of a deceased relative, you need to file a small estate affidavit. The property value must not exceed that determined by the state in which the property is located. The following sample procedure comes from the Marion County Circuit Court, Third Judicial District in Oregon. Contact the appropriate county court for state-specific filing instructions. Determine if one of three conditions apply. According to the Marion County Circuit Court, you should file to claim a small estate if: 1) the deceased dies intestate (without a will) and has no heirs; 2) the deceased had a will (dies testate) and named you as a devisee (one who receives property); 3) you are a creditor still owed by the estate after a designated time. In Oregon, that time period is 60 days. File in the appropriate county. The Marion County Circuit Court instructs you to file small estate affidavits through circuit courts in the county where the the death occurred, the county of the decedent’s r
