Q: Can I filed a small estate affidavit as an heir if I am not inheriting anything listed within the affidavit?
My mother passed away without a will and has a couple things that did not have a beneficiary listed (some stocks and an IRA). She was married to my father so he is the one who will receive those items. I want to file a small estate affidavit but am unsure if I can since I will not be benefitting from the estate (since we will only be listing those 2 items as everything else was jointly owned). Can you tell me if I can still file as an heir even if I won't be receiving anything listed?
A: In an intestate estate (when someone dies without a Will) the people who can file the small estate affidavit are the heirs (your father, in this case) and any creditor. This means that if you pay one of your mother's bills or pay for her burial/cremation, for example, you will become a creditor of her estate and then you will have authority to file the small estate affidavit (see ORS 114.505 and 114.515). Be aware that most IRAs have beneficiaries named so be sure to check that first with the company.
Karn Thapar agrees with this answer
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