Q: Did Small Estate Affidavit, I am Personal Rep. Title company won't except Affidavit without lawyer writing it up.
The affidavit is legal, filed at Morrow county court, with court stamp. The title company said I had to get a lawyer to write up the papers for them to except them. Can I sell the house without my name on the title. Can't afford a lawyer
A: If you went through the small estate process, you are the claiming successor, not the personal representative of the deceased person's estate. There are some title companies and banks that will not honor an affidavit of claiming successor. I suggest you provide the title company a copy of the Oregon statute with a court certified copy of your affidavit. You will still need to prepare a deed to transfer title to the house. If the title company is seeking an opinion letter from an attorney, then you will have to retain an attorney for that.
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