What Form is Needed to Transfer a Deed from an Intestate Decedent in Douglas County, Oregon?

Question from Nicole, What Form is Needed to Transfer a Deed from an Intestate Decedent in Douglas County, Oregon?

Answer from AI:

When dealing with the transfer of a deed from an intestate decedent (someone who died without a will) in Douglas County, Oregon, after a small estate affidavit has been filed, and considering the decedent had been a ward of the state with a fiduciary who previously filed an affiant’s deed, there are specific steps and forms involved.

Understanding the Small Estate Affidavit Process

In Oregon, a small estate affidavit can be used if the total value of the estate is below certain thresholds. As of 2023, these thresholds are:

• Personal property: $75,000 or less
• Real property: $200,000 or less

The small estate affidavit allows for a simplified probate process. For more details, you can refer to the [Oregon Revised Statutes (ORS) 114.505 to 114.560](https://www.oregonlegislature.gov/bills_laws/ors/ors114.html).

Steps to Transfer the Deed

1. **File the Small Estate Affidavit**: This must be filed with the probate court in the county where the decedent lived. In this case, it would be Douglas County.

2. **Wait for the Affidavit to be Approved**: The court will review the affidavit. If everything is in order, the court will approve it.

3. **Prepare the Deed Transfer Form**: Once the small estate affidavit is approved, you will need to prepare a deed transfer form. In Oregon, this is typically a “Personal Representative’s Deed” or “Affidavit of Successor.”

4. **Include Necessary Information**: The deed transfer form should include:

• Details of the decedent
• Details of the successor
• Legal description of the property
• Reference to the small estate affidavit

5. **File the Deed Transfer Form**: This form must be filed with the Douglas County Recorder’s Office. Ensure all required fees are paid.

Special Considerations for a Ward of the State

Since the decedent was a ward of the state and a fiduciary had previously filed an affiant’s deed, you may need to:

• Obtain a copy of the affiant’s deed
• Ensure that the fiduciary’s actions are documented and included in the small estate affidavit

Consulting a Legal Professional

Given the complexities involved, especially with the decedent being a ward of the state, it is highly recommended to consult with a legal professional. They can provide personalized advice and ensure all legal requirements are met.

Resources and Further Reading

For more information, you can refer to:

• [Oregon Revised Statutes (ORS) 114.505 to 114.560](https://www.oregonlegislature.gov/bills_laws/ors/ors114.html)
• [Douglas County Recorder’s Office](https://www.co.douglas.or.us/clerk/)

Remember, while this guide provides a general overview, each case can have unique circumstances that may require specific legal advice. Always consider consulting with a legal professional to navigate the process effectively.