Asked in Probate for Oregon

Q: What do I do if we only have a scanned copy of my dad's will?

My dad passed in 2005 and a few years ago we learned that there are some outstanding PERS benefits. But to process the required paperwork, we need a certfied copy of his will. And we only have a scanned copy of it.

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2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Knoxville, TN

A: Get a certified copy of the Will at whatever Probate Court it was filed. If the Will was not probated, then it means nothing.

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

A: It is unlikely that a certified copy of your father's Will is what is needed. If no beneficiary was named by your father for the PERS benefits then a probate is likely what will be required. Depending on the value of the PERS benefits you might be able to file a Small Estate Affidavit. Then you will submit a court-certified copy of the Affidavit to PERS. I recommend you have a probate attorney review your situation and advise you.

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