Q: Do small estate affidavits cover out-of-state bank accounts with small amounts in them?
My mother died in Oregon but had a couple of small (<$2k) bank accounts in California. Do I have to file in California to claim this property? What about an out-of-state pension to which I have a claim on the residue? Can I just file a Small Estate Affidavit here in Oregon, get appointed Personal Rep, and then have these institutions pay me? I’m the sole beneficiary of her estate under the terms of her trust and its pour-over will. I’m also the nominated executor and the successor trustee of the trust.
A: If the bank has a branch in Oregon then you are probably fine filing a Simple Estate Affidavit (we recently changed the name from Small Estate Affidavit), however, when you file this type of probate you are not appointed as Personal Representative. You just order a certified copy of the Affidavit from the Court and use that to control the assets. It's possible that the pension company will accept the SEA if no beneficiary is named. It is also possible that they will require you to file a Small Estate Affidavit in that state. As successor trustee it is a good idea for you to hire a probate attorney to advise you of your fiduciary duties. That same attorney can help you with the SEA or refer you to an attorney in the other state to collect those assets.
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