Franklin, TN asked in Probate for Oregon

Q: My sister-in-law passed away intestate & heirs don't want to file for probate. What happens to her estate?

Assets <$10,000 but credit card debt alone greatly exceeds that. Also a pension balance has a beneficiary.

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

A: If your sister-in-law's debts exceed her assets then her estate is insolvent. It's common for family to not want to file an insolvent probate since there often isn't anything in it for them. Your sister-in-law's assets may eventually be sent to the Department of State Lands Unclaimed Property Division. Her credit card companies will likely write off the debt. If the pension has a named beneficiary then that person should complete the necessary paperwork to claim the balance.

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