Q: In Oregon, when a person dies without a will and without real property but is married, is probate required?
The estate’s value is less than $50,000.
A: Probate is not ever required by Oregon Law. Probate is a tool that you may or may not need to transfer property, real or personal, of a decedent to the heirs or devisees. So you need to evaluate if your situation is such that probate is necessary. You also need to be familiar with Oregon's intestate rules which control the devolution of property when there is no Will.
A: The answer to your question depends on how the $50,000 is being held. For example, if it is in a bank account with no other owners or beneficiaries named then you will need to file a Small Estate Affidavit. Is there a vehicle or mobile home? Is there a safe deposit box? It is possible to use a Stevens-Ness form for a small estate but I recommend you hire an attorney to assist you.
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