Legal Question in Wills and Trusts in Oregon

My sister died after a six month illness. She left $500 in the bank and they want her son to bring in an affidavit of small estate before they will close the account and give him the money. There are no other assets and 2 outstanding credit cards so we are not filing a small estate. The bank knows this but wants him to fill out an affidavit so they can keep it for their records showing where the money went. Is there any other way that this can be done? I'm not sure about her heir giving the bank an affidavit that is not going to go anywhere else. Please let me know.


Asked on 9/30/09, 2:07 am

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

The creditors are entitled to that $500 - the small estate affidavit requires the affiant to declare either (1) all bills have been paid or (2) identify the creditors and acknowledge that they will be paid out of the sums collected. Since you state that you are not going to file the small estate affidavit because there are creditors (which means you know that they should be paid) why do you think her son should get the money instead of her creditors?

The small estate affidavit is filed with the court and a copy would be given to the bank and the creditors. There is no other way around this, other than to let the account lie untouched for several years, at which time the bank will send it to the division of state lands as unclaimed funds. At that point, her son might still have to file a small estate affidavit to get the money from the state.

For such a small account, it is unlikely that the creditors will file.

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Answered on 10/05/09, 1:47 pm


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