Q: Where to file small estate claim?
My father was killed during the scope of his work out of state. My mother has been told that she must open a small estate case in Idaho and not in Oregon where they live. Is this correct?
A: If your father lived in Oregon at the time of his death and there is property in Oregon that needs to be transferred to heirs or devisees, then Oregon is the right place to file either a small estate's affidavit of a probate. But neither process is required by the law and you mother really needs to talk to an Oregon Attorney to see what needs to be done. Sometimes simple property transfers can be handled without any legal proceeding.
Now if his death was due to someone else being at fault and a lawsuit needs to be brought to sue for wrongful death, a probate is needed so that a personal representative can be appointed to hire an Attorney to file the wrongful death claim. Another determination will need to be made as to where such a probate should be filed. It could be in Oregon or in the State where the death occurred. It is possible to have probate proceedings in more than one State. Tell you mother to consult with an Oregon Probate Lawyer for the probate issues in Oregon. She should also consult with a Personal Injury Attorney if your father's death was due to someone else's negligence.
Nina Whitehurst agrees with this answer
A: I'm sorry to hear of your father's death. If he was a resident of Oregon when he died, you may open an estate in Oregon but then you may also need to open an ancillary estate if he owned real property in Idaho when he died. If he was an Oregon resident but owned real property located in Idaho when he died, then you could open an estate in Idaho and not one in Oregon. If there is a wrongful death claim, the estate should be opened in Oregon if that is where he resided when he died. You should contact an attorney, who will need more details, before deciding on your best option. The attorney will need to know the nature, location and estimated value of all known assets owned by your father at the time of his death. If there is or may be a wrongful death claim, the attorney will want to know the circumstances surrounding your father's death.
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