Q: How to file for non-responsibility for husband's death in Oregon without access to documents?

A: 32 years is a long marraige, and I am sorry for your loss; and I know that being apart does not it easier. If you are still legally married, and you are the spouse, there is a lot you can do to move forward. In Oregon, you can file a Small Estate Affidavit and be given the necessary authority to handle his affairs. If you do not qualify for a small estate affidavit because your husband's estate is too large, then you can, and likely must, file a formal probate matter in the proper Oregon Probate Court. You will be provided a document, Letters Testamentary, which will enable you to access to the documents and take full responsibility and control in adminsitration of his estate. If he has no will, then the court will follow a process called Intestate Succession, which for the most part, shares (distributes) the assets of the estate like most people would naturally want their possession to pass on when they die. You will most likely need to consult a good probate attorney. This is a long process with many rules, and you will be required to follow them along with being in a fiduciary relationship with his estate to protect the assets, pay the debts, and distribute the residue (what remains after necessary debts and expenses are paid). You dicussed filing something declaring yourself "not responsible". I am not aware of anything such as that, except you could ensure that all creditors, or people who seek to recover any debts from your hsuband that they debt was not incurred for the benefit of the family and you were legally separated (if one of you moved out with the intent to never come back to the marriage). But, you need to get legal advice from an attorney regarding this as it is impossible to give sound advice without all the facts. I wish you the best as you move forward.

A: There is nothing in Oregon called “non-responsibility.” If your husband died with no Will his estate is controlled by Oregon Intestate Law which means that his probate assets will go to you after his bills are paid (assuming he has no children who are not yours). If you want you can choose to handle his estate. If you do not want to be responsible for his estate, simply do not file probate documents with the Court. I wish you the best.