Legal Question in Wills and Trusts in Oregon
Will, Probate, Estate
My father left a will, leaving personal assets & debts to my mother. She claimed succesor of estate testate of small estate. 1 1/2 years later she passed away, i'm her personal rep & admin of her estate. Her estate paid all his debts, took over his personal assets (house, car, time shares, savings accounts, etc.), except 1 safety deposit box that she was in the process of transfering into her name. The bank wants letters of administration/testementary from my father to mother. They want a legal document showing i'm authorized to handle his estate. My mother didn't go through probate, it was a small estate. Do I have to reopen his estate and do a probate, in order to transfer the safety deposit box to my mothers estate, since she was entitled to it?
1 Answer from Attorneys
Re: Will, Probate, Estate
If your mother properly filed the documents with the court making her the claiming successor of your father's small estate, you should be able to use that documentation to get into that safe deposit box once you are appointed as your mother's personal representative.
You also have to have the documentation that you are entitled to handle your mother's estate to prove the succession. If you have filed for a probate of your mother's estate, you will get letters of administration from the coutt that show you have that authority.
You can then take both a copy of the filed small estate affidavit for your father's estate and the letters of administration for your mother's estate to the bank.
If they still won't accept those documents to show that you have authority, there is another process in Oregon that will grant you access to the box, but you will likely need the assistance of an attorney to take you through that process.
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