Detailed Answer
When heirs refuse to cooperate, you must turn to Oregon’s probate court to secure court-issued authorization. Banks will only freeze or release funds upon valid legal documents. Under Oregon law, the primary documents include:
- Certified Death Certificate
A certified copy of the decedent’s death certificate. Banks require this to confirm the account holder’s passing. - Petition for Letters of Administration
File a petition in the county probate court where the decedent lived (ORS Chapter 111). This petition requests appointment of a personal representative when there is no will or co-heirs dispute. - Letters of Administration
Once the court grants your petition, it issues Letters of Administration. Present these to the bank to freeze the accounts and manage estate assets (ORS 111.345). - Personal Representative’s Bond
The court may require you to post a bond to ensure faithful estate administration (ORS 111.205). - Small Estate Affidavit (If Applicable)
For estates under qualifying limits (typically under $75,000), Oregon permits a small estate affidavit (ORS 113.095). Submit the affidavit and death certificate instead of full administration.
If co-heirs still resist, you may request a court order specifically directing the bank to freeze accounts pending administration. This order prevents account holders from withdrawing funds until the estate process concludes.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Obtain multiple certified death certificates early. Banks and agencies often keep originals.
- Review ORS 111 & 113 online for statutory details before filing.
- Keep copies of all court filings and bank communications.
- Consider mediation to resolve heir disagreements swiftly.
- Engage an estate attorney if administration becomes complex or contested.