Q: Im in Oregon and my mother passed away with a notorized will in which I am the beneficiary of her manufactured home
(She owned free and clear but paid rent to the MH park where it's located ), her Car (I paid off her car loan a week after her death and the bank said I simply needed to fill out the affidavit of inheritance form, that they provided along with THEIR own notary('s) stamp/signature, and then would release the title to me immediately. After I paid them, in full, I was informed that they had made a mistake and the title had to go through probate therefore refusing to give it to me after all the above mentioned was completed. They said they were sorry for their mistake, however!) and all of her personal property. I am the only child and the personal representative. No one would contest this. Do I have to go through probate in order to transfer the home and car, etc to myself? I would appreciate any information you might be able to provide.
Sincerely.
A:
I am sorry for your loss. If there are no other assets that are in your mother's name alone then Oregon has two forms you can fill out to transfer her vehicle and her manufactured home without a probate.
Go to: https://www.oregon.gov/odot/forms/dmv/516fill.pdf for the vehicle. All of your mother's intestate heirs must sign in front of a notary. You say that you are her only child. This means that you are the only one who needs to sign (assuming she has no children who have died before her leaving any grandchildren). Take the notarized form to the DMV and transfer the vehicle into your name.
For the manufactured home the process is more onerous but you can go to this website and learn more about it and get the forms to sign: https://www.oregon.gov/bcd/man-home-own/Pages/man-home-own-forms.aspx Choose "By death without probate/estate."
I hope this is helpful. You can hire an attorney to assist you if needed.
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