Write the affidavit, sign it and have signature notarized
The affidavit must be written including the 18 things required by the statute. See the Legal Guide "Save Time & Money with Small Estate Affidavits" for details. Sign the statement at the end and have your signature notarized.
File the Affidavit with the right Court
The affidavit may be filed with the clerk of the probate court of any county where:
(1) The decedent was domiciled;
(2) The decedent had "a place of abode" at the time of death;
(3) The decedent had real or personal property at the time of death;
(4) The decedent had real or personal property at the time the proceeding is commenced; or
(5) The decedent died. ORS 114.515(1), 113.015.
File it with the Court at the right time and send to creditors and beneficiaries
The affidavit cannot be filed earlier than 30 days after the death of the decedent. ORS 114.515(3).
Send a copy of the Affidavit to the decedent's creditors, the heirs and beneficiaries and other persons specified in the Affidavit.
Obtain possession of assets and pay creditors
Present a certified copy of the small estate affidavit to a holder of assets of the decedent and direct the holder of the assets to send the assets to you. Pay the legitimate creditors of the decedent.
Distribute the proceeds
Distribute the remaining proceeds to the heirs and beneficiaries.
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