Portland, OR asked in Probate for Oregon

Q: How do I file a claim against an estate as a creditor , when they require a death cert that I can't get.

Court says must attach death cert. Can't get one. No will, There's no probate, no executer no nothing. Heirs won't do anything.

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1 Lawyer Answer
Theressa Hollis
Theressa Hollis
  • Probate Lawyer
  • Portland, OR
  • Licensed in Oregon

A: I assume you are trying to file a Small Estate Affidavit. You can do this as a creditor but you will need to order the decedent's Death Certificate. You can do so directly from the county or try this website: https://www.vitalchek.com/death-certificates

You would only file a Small Estate Affidavit if you knew of a probate asset that fit the legal criteria (personal property less than $75,000 and/or real property less than $200,000).

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