Q: One of my older brothers died with no will. No assets except a small checking account. Do we need to file probate?
His landlord has billed his estate for back rent, but there is no estate, and no estate assets. He died in Eugene, Oregon. Thank you.
A:
I am sorry for your loss. If the amount of the back rent is more than the balance in his bank account there is no real reason to open a probate (or file a Simple Estate Affidavit) because there is nothing to inherit.
If the account is larger than the rent bill and is less than $75,000 you can file a Simple Estate Affidavit. A probate attorney can help you with this or you can use this form provided by Lane County: https://www.courts.oregon.gov/courts/lane/help/Pages/Forms.aspx
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