Q: My grandpa just died in Oregon on May 22, 2019. He has no will, no estate, and no assets. What steps need to be taken?
Is probate still required to finalize his death and get the Social security death benefit? Even though he has no estate, and no assets? What exactly are the steps that have to be taken besides paying for his cremation, which is already done.
A: No, there is no requirement to file a probate in Oregon. There is a website where you can apply for the small social security death benefit and it tells you who qualifies to apply. If it turns out that you find assets that need to be dealt with, you may have to consult with an Attorney about how to take control over these assets but there are alternatives to probate that might work in some situations.
A:
Please accept my condolences on the death of your grandfather. Whether or not a probate is required will depend on what he owned at his death. If his name did not appear on any assets then no probate is required.
Regarding the Social Security death benefit: A one-time death benefit of $255 can be paid to your grandfather's spouse. If there's no eligible surviving spouse, the lump-sum can be paid to the worker's child (or children) if, during the month the worker died, the child was already receiving benefits on the worker's record or became eligible for benefits upon the worker's death.
I hope this is helpful.
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