[OR] What is the correct process for accessing a deceased person's assets?
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Since your mother lived in Canada when she passed, the Oregon Simple Estate Affidavit won’t work (ORS 114.515). It’s only valid when the person dies in Oregon.
You will need ancillary probate in Oregon (ORS 114.305). This allows the Oregon court to recognize your authority as executor so you can access Oregon assets. Even though you’re named executor in the will, Oregon must formally appoint you. Until then, the bank cannot release funds or allow access to the safe-deposit box.
Best next step: stop using the Simple Estate Affidavit and speak with an Oregon probate attorney. They can file the ancillary probate petition. Once approved, you’ll receive legal authority to access the bank account, open the safety deposit box, and manage all Oregon assets.
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Just sent a Simple Estate Affidavit for my deceased mother. She has lived in Portland, Oregon, since 1965 and returned to Canada in 2016 due to dementia. I couldn’t change the place of death, but the death certificate is Canadian. I'm trying to access her bank account and safety deposit box. Looking for input on the form and whether it’s correct. Thanks.
I'm sorry for your loss, Mike. Have you already submitted the Simple Estate Affidavit to the court in Oregon?
I just filled it out and I believe it was sent to Multnomah County.
Have the bank or safe-deposit administrators requested anything else?
Yes, I was supposed to be put on the Trustee Certificate for the bank accounts, but my stepdad passed before we could complete it.
Anything else the lawyer should know?
Yes—I don’t have access to the accounts, but my mother’s will filed in Oregon named me executor.
Hello, I’m Jon. I’m here to help. Are there any other Oregon assets besides the bank account and safe-deposit box? Has the bank asked for any additional documents?
There is a trust account, but I need access to the safety deposit box first to get the full Trustee Certification. The bank only told me to obtain the Simple Estate Affidavit.
Did the bank give you any other requirements?
No, because the safety deposit box is only in my mother’s name. I have the key.
Do you have the will or trust documents naming you as executor/trustee?
Yes, I have the originals, the death certificate, and my late stepfather’s trust certificate.
Understood. Anything else before I prepare an answer?
No, I think I’ve told you everything.
Thanks—give me a few minutes.
Anytime, thank you.
Since your mother lived in Canada when she passed, the Oregon Simple Estate Affidavit won’t work (ORS 114.515). It’s only valid when the person dies in Oregon.
You will need ancillary probate in Oregon (ORS 114.305). This allows the Oregon court to recognize your authority as executor so you can access Oregon assets. Even though you’re named executor in the will, Oregon must formally appoint you. Until then, the bank cannot release funds or allow access to the safe-deposit box.
Best next step: stop using the Simple Estate Affidavit and speak with an Oregon probate attorney. They can file the ancillary probate petition. Once approved, you’ll receive legal authority to access the bank account, open the safety deposit box, and manage all Oregon assets.
Okay, I’ll look into that. Thank you.
You’re welcome! Let me know if you need anything else.
Nope, thank you.
Glad I could help. Have a great day!
