Legal Question in Family Law in Oregon

executor of estate with no will or paperwork

dad died no will no paperwork need to get a paper that saus im executor so i can do something with his assests as of right now cant do anything


Asked on 9/25/08, 11:30 am

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: executor of estate with no will or paperwork

You need to consult with a lawyer who handles probate and estate matters.

You are dealing with a "intestste estate," meaning the decedent died without having a will. There are a whole bunch of laws that tell us what happens and what to do in this situation. But the laws are a bit complex. Without a lawyer involved, you will end up being extremely frustrated and will probably not accomplish what you seek to do.

Also, Oregon has a "mini-probate" procedure for small estates that elimates much of the paperwork that would normally be required. An estate qualifies for this procedure if:

a) The fair market value of the estate is $200,000 or less;

(b) Not more than $50,000 of the fair market value of the estate is attributable to personal property; and

(c) Not more than $150,000 of the fair market value of the estate is attributable to real property.

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Answered on 9/25/08, 3:21 pm


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