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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 3460
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Customer Question

my father died in october and i filed a small estate affidavit in later december. he had a house which is paid for and not much else as well as no outstanding debts-so his estate was relatively easy to manage. i am wondering if there is a certain time frame or obligation to have the house deeded into my name as well as how to get the house deeded to my name. if anyone has any pointers on this matter it would be highly appreciated.
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

LegalGems :

I am an Estate Law expert and will do my best to provide you with quality information. Remember, I am only permitted to give general information!

LegalGems :

Sorry to hear of your loss; that is difficult.

LegalGems :

One moment please as I review the remainder of your question.

LegalGems :

Let me look into Oregon's laws on this because generally the procedure is quite simple in smaller estates. One moment please.

LegalGems :

The time frame for transferring property is 4 months from the date the affiant filed the affidavit. I am still trying to locate a resource on the actual transfer.

Customer :

that would be really helpful-i go to school in arizona so its difficult to go back and forth to take care of everything in oregon. im hoping i can transfer the property into my name from here-but im unsure of exactly how to transfer it-which is a bit aggravating.

LegalGems :

I am having a very difficult time locating this. Everything tells you when, but not how. Typically, in most states, you would provide the court probate papers (i.e. letters testamentary), a copy of death certificate, and the affidavit for a small estate (as this states who the property goes to), then a title company would prepare a deed. But I'm trying to find the exact Oregon procedure.

Customer :

for sure-ive been trying to find it as well just asking around and online research-but i dont really know where to start.

Customer :

also, what happens if i miss the 4 month deadline? do i have to refile the affidavit?

LegalGems :

Hello; I think I had too many research windows open as I got shut down. Are you still there?

Customer :

sure am.

LegalGems :

Oh there you are! That was frustrating; I apologize. Let me close some of these windows.

Customer :

kdoke.

LegalGems :

I think I found something; just a moment pleaes.

Customer :

any findings at all?

LegalGems :

Nope; that was just more advisories on small estate affidavit. Everything I find says the PR or the affiant has the authority to make the transfer; but doesn't designate the how. Still looking.

LegalGems :

The only thing that I am finding is that the county recorder's office has a notebook of deeds to use as samples - but that doesn't help you as you mentioned you were in AZ. Let me check one other thing.

LegalGems :

I am unable to find anything on this. As I mentioned earlier I can find the relevant statutes, court process, etc, but nothing addresses transfer of real property for a decedent. Other than the fact that it needs to be done.

LegalGems :

If you'd like I can spend more time on this or I can opt out and another expert may be able to better assist you.

Customer :

if you think another expert can answer my questions more swiftly and thoroughly.

Expert:  Irwin Law replied 1 year ago.
Hello, another contributor here. The question of passing title to a decedent's heirs at law (i.e. no will involved) is often very simple. In most states, title to a decedent's real estate vests in the heirs at law immediately upon death. Thus, if you are your father's only child and there is no surviving spouse, or children of a predeceased child, then you are now the legal owner of the property. But that is subject to the rights of creditors of your father and/or a will which says he left the property to someone else. If there are creditors, your state's probate code provides a statutory time period for them to open an estate and subject the property to a sale to pay the debts. The same is true for taxes that he may have owed. Usually, a simple affidavit stating when he died and who his heirs are is sufficient to place clear title in the name of the heirs, after the time has passed for opening Probate. I believe that under Section 115.005 of the Oregon Code, creditors have four months to file claims in an open estate. Since you haven't opened an estate, it is difficult to tell when all claims expire so that your title would be unencumbered. I believe it might be two years, but you should check this out with an Oregon real estate title attorney. In summary,there is no one who can deed the property to you except the personal representative of his estate, and that is an unnecessary expense. I believe that your claim of title can be established by recording an affidavit of heirship along with the passage of time.I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send back a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.
Expert:  Irwin Law replied 1 year ago.
Hello again: I see that you have rated my answer "poor service". Frankly, I thought it rated an "excellent". If you have points that you want to be explained further, I'll be happy to, but the poor rating is not warranted and I would appreciate an upgrade at this time.
Expert:  LegalGems replied 1 year ago.

I will opt out so another expert may help you.

Expert:  Wendy-Mod replied 1 year ago.

Hi, I am a moderator for this topic. It seems the Professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.


I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Wendy

Customer: replied 1 year ago.

no worries. i dont think this answer was worth 30 dollars, hense my dissatisfaction. please dont contact me furtherly.

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