Oregon Affidavit by Guardian of Person and Estate of Ward Relating to Granting An Oil, Gas, and Mineral Lease
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How to fill out Affidavit By Guardian Of Person And Estate Of Ward Relating To Granting An Oil, Gas, And Mineral Lease?
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FAQ
Probate is required for most estates in Oregon, and the type of probate process depends largely on the value of the assets that are in your name when you pass away. If a will exists, the original will has to be filed with the probate court.
All of the requirements in the Affidavit of Claiming Successor Testate Estate must be completed. The Affidavit must be filled out correctly and the mailings completed as required, one copy to Department of Human Services and one copy to the Oregon Health Authority. The filing fee for a Small Estate is $124.00.
Estate assets cannot be distributed without court approval. The court will not approve distributions from the estate until after: 4 months from the first publishing date. The required notice to heirs, devisees, and State agencies (DHS) has been given.
In Oregon, as in many other states, the complexity and value of an estate can significantly impact the length of the probate process. This is due to several factors, including the types and quantities of assets involved, the existence of creditors, tax obligations, and potential disputes among heirs.
Estates That Qualify: An Affidavit of Claiming Successor may be filed if: 1. The estate has personal property that has fair market value of $50,000 or less, and/or 2. The estate has real property that has fair market value of $150,000 or less.
Simple probates may cost around $2,000, but an average is closer to $3,000 - $5,000 (and up).
Affidavits must always be notarized by a notary public. "Notarized" means that you have sworn under oath that the facts in the affidavit are true, the document has been signed in front of a notary public, and a notary public has signed and put a seal on the affidavit.
Probate can be started immediately after death and takes a minimum of four months. If the estate includes property that takes a while to sell, or if there are complicated tax or other matters, probate can last much longer. A small estate proceeding cannot be filed until 30 days after death and is complete upon filing.
