David Johnson Legal
Divorce, Family Law, and Estate Planning Attorney Serving Salem, Oregon
What Is a Small Estate Affidavit?
In the state of Oregon, a small estate affidavit is a legal document that is used to claim ownership of a piece of property from a deceased person’s estate – as long as the estate meets specific criteria.
When somebody passes away their assets become part of their estate and it is in a court process referred to as probate. Probate is used to prove the validity of the will. Small Estates that are valued less than a certain dollar amount, a simplified process can be used to avoid formal probate proceedings, which can save loved ones and heirs time and money.
How Does a Small Estate Affidavit Work?
If a person would like to claim the assets, the executor of the will needs to complete a small estate affidavit and then present it to the organization that holds the asset (such as a bank).
To complete the small estate affidavit it is important to ask yourself a couple of very key questions. The questions include;
- Does the deceased person’s estate qualify?
- Was there a will?
- Am I allowed to use the affidavit?
- Has enough time passed?
How to Get a Small Estate Affidavit
- Fill out the form: There is a specific small estate affidavit form that needs to be filled out. The form will ask for your personal information and explain all of the assets that you would like to acquire.
- Add documents: The documents will include the deceased information, death certifications and your proof of identity.
- File the affidavit with the court: Then you will want to share the information with the court to get the process started.
Contact The Law Office of David Johnson
If you are looking for help with filing for a small estate affidavit then contact The Law Office of David Johnson to learn more. David Johnson is an exceptional and experienced estate planning attorney who can help you through the process.