Fill and Sign the Oregon Estate Real Property Form

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE PROBATE COURT OF ___________________________ COUNTY, OREGON In the Matter of the Small Estate of ) ) Case No. ___________________________ ___________________________ ) ) AFFIDAVIT OF CLAIMING SUCCESSOR Deceased. ) (SMALL ESTATE AFFIDAVIT) Definition s . a. Affiant. The person signing this affidavit is the “affiant.” The affiant has specific legal duties under ORS 114.505 to 114.560. b. Decedent . The “decedent” is the person who died leaving an estate that needs to be paid to creditors or transferred to heirs or devisees. c. Estate . The “estate” means all of the decedent’s property that is subject to administration by a court in Oregon. This does not include property that transfers automatically to others following death (such as joint bank accounts). d. Heirs . The “heirs” are the people who would inherit the decedent's estate under Oregon's laws of intestacy, ORS 112.017 to 112.115. e. Devisees . The “devisees” are the people named in the will to receive the decedent’s estate. Charities can also be devisees. Affidavit of Claiming Successor (Small Estate Affidavit) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF OREGON ) ) ss. County of __________________ ) I swear that the following statements are true: I. The affiant . My name and address are: ___________________________ . I have authority to file this affidavit because: [check at least one that applies] I am an heir of the decedent, and the decedent left no will. I am a devisee of the decedent under the decedent’s will. I am named the personal representative under the decedent’s will. I am a creditor and have not been paid the full amount owed to me within 60 days of the decedent’s death. Creditors must check the box that applies : The decedent died intestate and without heirs. I have attached written authorization from the Division of State Lands allowing me to file this small estate proceeding; or A uthorization from the Division of State Lands is not required because the decedent died testate or left heirs. II. The decedent. Name: ___________________________ Age: ___________________________ Soc. Sec. No: ___________________________ Home or mailing address: ___________________________ Date of death: ___________________________ Place of death: ___________________________ A certified copy of the death record is attached. Affidavit of Claiming Successor (Small Estate Affidavit) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III. The decedent’s estate. The following property is in the decedent’s estate: Real Property [attach a legal description] Fair Market Value [maximum total value $200,000] _________________ _________________ _________________ _________________ _________________ _________________ Personal Property [PERS accounts, bank accounts, jewelry, etc.] Fair Market Value [maximum total value $75,000] ___________________________ [”Fair market value” means the value of the property on the open market (between unrelated parties), not reduced to reflect debts owed against the property. Do not include property that transfers automatically to others following death (such as joint bank accounts).] IV. Affidavit should be filed in ___________________________ County. This small estate affidavit should be filed in ___________________________ County because [check at least one that applies]: The decedent died in ___________________________ County. At death, the decedent lived in or had a home in ___________________________ County. The decedent had property located in ___________________________ County at death or when this affidavit is filed. Thirty or more days have passed since the decedent died. V. No probate estate exists . No application or petition for the appointment of a personal representative has been granted in Oregon. [This means that no Oregon court has opened a probate estate for the decedent.] Affidavit of Claiming Successor (Small Estate Affidavit) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VI. Is there a will? [Check the one that applies] The decedent died testate (did leave a will). The original will (not a copy) is attached. The decedent died intestate (did not leave a will). VII. The heirs . The heirs of the decedent, and their addresses, are: Name of each heir Relationship to decedent Last-known address _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ VIII. The devisees. [This part only applies if the decedent left a will. If the decedent did not leave a will, write in “none.”] The devisees named in the decedent’s will, and their last-known addresses, are: Name of each devisee Last-known address _________________ _________________ _________________ _________________ _________________ _________________ IX . Notice to heirs and devisees. I promise to give to each heir and each devisee, if any, (1) a copy of this affidavit showing the date of filing and (2) a copy of the will, if the decedent died testate. I will do this by delivering or mailing the papers to the heirs and devisees at the last- known addresses. I will do this within 30 days after this affidavit is filed with the court. X. Who gets what? The following people are entitled to the following property: Name of heir or devisee Property to be received Affidavit of Claiming Successor (Small Estate Affidavit) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _________________ _________________ _________________ _________________ _________________ _________________ [If a will exists, the will governs who gets what. If no will exists, the laws of intestacy apply (see the instructions). If one person is to receive the entire estate, state “entire estate” or “100% of residue” under “Property to be received.” If, for example, three people share the estate equally, state “one- third of residue” under “Property to be received.”] XI. Creditors . Reasonable efforts have been made to ascertain the creditors of the estate. The following expenses of or claims against the estate remain unpaid (including reimbursement owed to someone who paid claims or expenses): Creditor’s name Last-known address Type of claim & estimate or amount _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ [If the estate has no creditors, write in “none.”] XII. Disputed claims . I, as affiant, dispute the following claims against the estate: Creditor’s name Last-known address Type of claim & estimate or amount _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ [If the estate has no creditors making claims the affiant disputes, write in “none.”] XIII. Notice to creditors. I promise to give each creditor listed in parts 11 and 12 above a copy of this affidavit showing the date of filing. I will do this by delivering or mailing the papers to the creditor at the last-known address. I will do this within 30 days after this affidavit is filed with the court. Affidavit of Claiming Successor (Small Estate Affidavit) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 XIV. Notice to Estate Administration. Within 30 days after this affidavit is filed with the court, I promise to mail a copy of the affidavit showing the date of filing to: Department of Human Services Oregon Health Authority Estate Administration Unit 500 Summer Street NE E20 PO Box 14021 Salem, Oregon 97301 Salem, Oregon 97309-5024 XV. Claims may be barred . Some claims against the estate may be barred unless specific things happen. a. Claims against the estate not listed in this affidavit or in amounts larger than those listed in this affidavit may be barred unless: i.) A claim is presented to the affiant within four months of the filing of the affidavit at the address stated in part 1 of this affidavit; or ii.) A personal representative of the estate is appointed within the time allowed under ORS 114.555. b. If this affidavit lists one or more claims which the affiant disputes, any such claim may be barred unless: i.) A petition for summary determination is filed within four months of the filing of this affidavit; or ii.) A personal representative of the estate is appointed within the time allowed under ORS 114.555. I have read this affidavit. The statements it contains are true and correct to the best of my knowledge. _____________ Affidavit of Claiming Successor (Small Estate Affidavit) 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Affiant Telephone Number: _____________________________ Signed and sworn to before me on , . Notary Public for Oregon/ Clerk of the Court Affidavit of Claiming Successor (Small Estate Affidavit) 7