Coos Bay, OR asked in Civil Litigation and Estate Planning for Oregon

Q: Filing a small estate affidavit in Oregon while being an convicted felon

Hello, my good friend of mine recently passed away. She had an will (notarized) saying that I was sole beneficiary to her whole estate no one else. She had no living relatives or family members. I was reading the paper work for the small estate affidavit saying that no convicted felon can file. I was convicted my crime in 2017 and haven’t done anything since then. Is there a way to get around this? Do I need to file for probate? Thank you.

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

A: If you are a convicted felon Oregon law does not allow you to file a Small Estate Affidavit. I recommend that you have someone else file it. Possible options are someone who is named as the alternate Personal Representative, an intestate heir (immediate family to the decedent) or a creditor (anyone who has paid a bill for the decedent). For example, who paid for the burial or cremation? Did anyone else pay any of the decedent's bills or is anyone else owed any money by the decedent?

If you cannot locate anyone else you can file a full probate and disclose your conviction in the initial probate petition.

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