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Small-Estate Affidavits

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We frequently have patrons requesting small-estate affidavit forms (it was also a very popular request when I worked in Texas). Here are a few places you can find small-estate affidavit forms and information:

1) Check with the applicable circuit court’s website for the form and/or information on filing a small-estate affidavit. Our circuit court does not offer a small estate form, but they do provide information on filing an Affidavit of Claiming Successor, including the related statutes. Marion county’s circuit court does provide a small estate affidavit form, as do Deschutes and Clackamas (be sure to check your county’s circuit court website as I did not check every county).

2) A common referral for frequently-used forms is the Stevens-Ness Law Publishing Company. They sell Oregon-specific small-estate affidavit forms for both testate and intestate estates (in paper and electronic formats).

3) Check with your local county law library for the following resource: Oregon State Bar CLE (BarBook) Administering Oregon Estates (it provides sample forms for small-estate affidavits).

The Oregon State Bar’s public information website also has some information on probate and small estates.

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4 responses to “Small-Estate Affidavits”

  1. Anonymous says:

    I have a question regarding filing a small estate affidavit. I have been asked by my attorney to make a list of names and addresses of all of my fathers siblings, their children, grandchildren and great grandchildren in order to file a small estate affidavit in Oregon. Is this really necessary? I'm just trying to jump through a hoop to obtain my deceased mother's retirement benefits from Western National. My mother preceded my father's death, and he was listed as her beneficiary on her annuity policy. Any advice on this matter? I don't even know all of my father's relatives. Any help is appreciated.

  2. Ray says:

    My father died recently and he was receiving disability from SAIF (state accident insurance fund) after his death SAIF sent one last payment via electronic deposit to his checking account. I have been contacted by SAIF and they want the payment back and tell me that I am responsible for it. The payment is in my fathers bank and I was told that I have to file a small estate affidavit to get the money and return it. My father had a lot of medical bills and creditors, does this mean if I file the paper to do the return of the money to SAIF that I am responsible for all his debts???

  3. kelly says:

    My mom passed and left a will naming me and my sister beneficary and representives. do we need to file small estate affidavid or what? i know we have to record will but what next?

  4. anna says:

    Invaluable post . I learned a lot from the information ! Does someone know where I might be able to get access to a blank TX TDI T-47 document to complete ?

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