Q: Son died suddenly and without a will. No wife. No children. I am his mother. Do I need probate and executor?
There is nothing much of vaule except a car that is not paid for. How do I get my son's belongings from his landlord? Need info from personal papers and want small items for memorial service but landlord says no.
A:
Oregon law provides for how people inherit when there is no Will. Here is the link to where you can read the statutes yourself: https://www.oregonlaws.org/ors/chapter/112. It may well be that the surviving parents (you and the father of your son) inherit under ORS 112.045 (2). But ORS 112.047 would change this outcome. This outcome could also change if your son actually did have a Will but you just don't know about it yet. The safest thing would be to contact an Attorney and discuss all the facts of the situation and an Attorney can help you figure out what to do.
Car titles can be handled by taking a death certificate to the DMV and signing an affidavit form that DMV has that declares that you are the person who inherited the car. But don't assume at this point that you are that person. Confirm this with an Attorney.
Not sure why the landlord won't give you access to your son's apartment and personal items. I don't usually hear of this problem. Maybe the Attorney you decide to consult with and contact the landlord and reassure the landlord that allowing you access to your son's things is appropriate. I am guessing the landlord just doesn't want to make a mistake that ends up getting the landlord sued.
You can apply to with the US post office to have your son's mail forwarded to your address and from reviewing the mail you will be able to figure out what your son's financial affairs are that need to be taken care of. But again, consult with an Attorney before you do this.
Given the small amount of property it is unlikely you will need to open a probate. What you might end up needing to do is to file a small estate's affidavit. The Attorney you consult with can explain this cheaper alternative to you. You can read the statutes pertaining to this procedure on this webpage: https://www.oregonlaws.org/ors/114.505 (Read the entire list of statutes by clicking on each link on the left hand side of the page.)
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