What happens to the funds in his bank account if he has no will? 2 Answers as of July 06, 2016

My good friend passed without a will/living trust. We believe he had no beneficiary on his banks accounts. He has a car that is free and clear. How do you get the car transferred to his son or daughter?

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Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
If the dollar amounts are small, they can use a "small estate affidavit" (technically, an Affidavit of Claiming Successor of Small Estate). Getting the money and car will mean certain duties regarding filing final tax returns, paying creditors, etc. Best to see a probate attorney for assistance.
Answer Applies to: Oregon
Replied: 7/6/2016
Oliver & Duncan | Donald E. Oliver
Because there is no will or testamentary trust, your friend's son and/or daughter will have to file a probate action in the Circuit Court for the county where their father lived before he passed away. If they are the only heirs, and if they are in agreement to equally divide their father?s estate, that would make the process pretty simple. The petition for determining the disposition of the estate would have to list all of the assets along with any debts their father owed when he died. After receiving the evidence, the Court would order the debts to be paid after which the remainder of the estate would be divided between the decedent's children. You can look up a local attorney who does probate cases by checking with the Oregon State Bar's referral service which is available on-line.
Answer Applies to: Oregon
Replied: 7/6/2016
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