QUESTION
I need to know documents I need to close my brother's bank account after his death.
Asked on Sep 03rd, 2021 on Estate Planning - Oregon
More details to this question:
My brother died on July 2, 2021 in Salem, Oregon. He was unmarried and had no children. He left no will and has no assets except for a small amount in his bank account (most likely under $1000). Because there were no assets, no probate was filed. Bank says I need a document from "the courts" in order to close his bank account. I don't know what document and where to get it from. I live in Missouri and unable to travel due to a disability. Need some answers.
1 ANSWER
1 Award
Hello - I am an attorney in Oregon. You have 2 options to accesst the funds in your brother's bank account. First, a bank may, but is not required to, disburse a deceased depositor’s account of $25,000 or less if the claimant furnishes the affidavit prescribed in ORS 708A.430(2). So, if you can point that process out to the bank they likely have a form of affidavit that you can sign to get access to the funds. Second, you can file a small estate affidavit in the probate court of the county where your brother lived. Unfortunately the cost of filing this affidavit would be almost as much as what is left in the account. So, this may not be a viable alternative. You can likely get a form of a small estate affidavit from the probate court where it would be filed. Hope that helps.
John SorlieBryant, Lovlien & Jarvis
Answered on Sep 07th, 2021 at 9:09 AM