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How do i become the administrator of my mothers intestate

 
TMcJD's Avatar
  • Answered by:TMcJD
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Customer Question

How do i become the administrator of my mothers intestate estate.

 

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State/Country relating to question: Oregon

Already Tried:
I have submitted an affidavit of claiming successor of small estate of intestate estate with an affidavit of heirship to the circuit court of oregon-clackamas county.

Submitted: 297 days and 22 hours ago.
Category: Estate Law
Value: $30
Status: CLOSED

Accepted Answer

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Expert:  TMcJD replied 297 days and 22 hours ago.


Hello, I will be happy to assist you with your question. Please note that I cannot provide legal advice – I can only give you information concerning the legal issues raised by your question.

I DO NOT receive credit for my work until you rate my answer as OK service” or higher. Please DO NOT RATE MY ANSWER as "Bad service" or "Poor service" (or the 2 stars on the left if you see stars), as such a rating leaves negative feedback for me personally. Instead, if you feel one of those ratings would be appropriate, please reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have, and I will be happy to continue further and do everything I can to provide you with the service you seek.

Your Answer:

If you have filed the affidavit of claiming successor, then assuming all requirements for using that document have been met, all assets will transfer without the need for an administrator to be appointed.

However, if you now file to be appointed as administrator, you can no longer transfer assets under the affidavit of claiming successor (that document would essentially become useless).

If you do need an administrator (often referred to as personal representative) to be appointed, you must file a petition with the probate court for appointment of a personal representative. You must give notice of a hearing on that petition. There are many other procedural time lines to follow, notices to give, publications, notice to creditors, etc. Thus, if you need to become an administrator you really should retain the assistance of a local attorney.

As noted above, if you need clarification, please do let me know. And, again, I DO NOT receive credit for my work until you rate my answer as “OK service” or higher. Bonuses are always appreciated.

If you later open a new question and would like my assistance, please begin the question with “To TMcJD….” This will ensure that only I answer the question.

Thanks.

Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 98.4 %
Accepts: 2926
Answered: 6/27/2012

Experience: Wills, Trusts, Probate & other Estate Matters

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