Q: I am Affiant Sm Est Court Certified Prob. Case Now I learned Real Prop is worth 200K+++. What form to file Court Notice
RE: ORS 114.515 Small estate affidavit: Procedure when value of estate exceeds limitations. I am Affiant of Court Cert Small Est. Probate Case. I discovered the Real Property is worth MORE than the $200K limit for the Small Estate Probate. ORS 114.515 (7) If the fair market value of the property of estate exceeds value limits for small estate ORS 114.510 The affiant shall promptly FILE NOTICE WITH THE COURT that the estate of the decedent is not subject to ORS 114.505. Affiant’s authority w/regard to estate is terminated, (8) The clerk of the probate court may acknowledge a small estate affidavit on presentation of ID of affiant and affiant’s statement. WHAT FORM DO I USE TO FILE THIS NOTICE WITH THE COURT?
A: Hire a competent OR attorney and first decide if the real property is actually an Estate Asset or not. Then proceed accordingly.
A: I recommend you review this with a probate attorney. If the property is worth more than $200,000 it is possible you will need to file a full probate.
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