Beaverton, OR asked in Civil Litigation and Probate for Oregon

Q: If a deceased’s “estate” doesn’t require probate, how might a creditor file a claim against the “estate”?

The claim is approximately $50,000.

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
  • Probate Lawyer
  • Portland, OR
  • Licensed in Oregon

A: A creditor has standing to file a probate or file a small estates affidavit. However you should definitely discuss this with a probate Attorney as there may be nothing in the probate estate to make filing such a proceeding cost effective. Certain property previously owned by the decedent can transfer in such a way as it is not subject to the claims of creditors. Real estate may transfer through a joint and survivor deed and can't be pursued by creditors. Life insurance proceeds payable on the decedent's life are usually not subject to the claims of creditors. Retirement Accounts payable to a beneficiary are usually not subject to the claims of creditors. Etc.

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