Disclaimer: I am not a lawyer. This article is educational only and does not provide legal advice. For advice about your particular situation, contact a licensed Oregon attorney or the probate court clerk.
Detailed Answer
Short answer: Usually no — the Oregon small‑estate procedures that let a relative collect personal property do not require a three‑month published notice to creditors, but they also typically do not allow you to sell real property (like your mother’s house). If you need to sell the house, you will most likely need a probate appointment or a court order unless the property passes outside probate (for example, joint tenancy with right of survivorship or a transfer‑on‑death deed).
How Oregon’s small‑estate and simplified procedures work (basic overview)
Oregon provides simplified procedures to help heirs collect small estates or certain personal property without full probate. Those procedures are designed primarily for intangible and personal property (bank accounts, personal effects, small sums). They are not a full substitute for probate when the estate includes real property or when creditors or other parties may have claims.
Notice to creditors in Oregon probate
When a personal representative is appointed in a formal probate, Oregon law requires publication of a notice to creditors and usually gives creditors a limited time (commonly three months from the first publication) to present claims. The published notice and the claim period are part of regular probate to give creditors an opportunity to file claims against the estate before distribution. For more about notice to creditors and how the claim period works, see the Oregon Judicial Department’s probate guidance on notice to creditors: https://www.courts.oregon.gov/programs/probate/Pages/notice-to-creditors.aspx
Why the published three‑month notice is usually not part of the small‑estate affidavit
Small‑estate (or probate‑without‑administration) procedures that let heirs collect personal property tend to be streamlined and often do not require the same formal notice and administration steps used in full probate. However, because these procedures generally do not transfer title to real property, they rarely let you sell a house. If you try to sell real property without probate or a proper title transfer, the buyer’s title insurer or a purchaser may insist on court‑approved authority to convey clear title.
When you can sell the house without publishing a notice
- If the house passed outside probate (for example, it was held in joint tenancy with right of survivorship, or there was a valid Transfer‑On‑Death deed), the surviving owner(s) can usually sell without probate.
- If all heirs are known, agree to the sale, and a buyer and title company accept an heir‑to‑heir transfer (rare without a court order), a sale may occur, but title companies often require a probate court order or other title protection before insuring the buyer’s title.
When you usually must go through probate or get a court order
If the decedent owned the house solely in her name and there is no mechanism that lets it pass outside probate, you will generally need one of the following to sell:
- Appointment of a personal representative (executor/administrator) through probate, who then publishes notice to creditors and gets authority to sell; or
- A court order authorizing a sale (for example, a limited proceeding or order in a small estate or summary probate matter), particularly if time is of the essence; or
- A written agreement among heirs approved by the court allowing sale and distribution of proceeds.
The required steps usually include giving notice to creditors in the full probate route (publication and mailed notices to known creditors) so creditors have an opportunity to make claims before assets are distributed. See Oregon Judicial Department probate resources for general rules: https://www.courts.oregon.gov/programs/probate/Pages/probate-without-administration.aspx
Practical guidance for your situation
- Check title and ownership. Look at the deed to see whether the house was in joint tenancy, held with a right of survivorship, or designated to transfer on death. If so, the house may pass outside probate.
- Locate the will (if any) and determine whether a personal representative was named and whether they have or will be appointed.
- Contact the county recorder or assessor to confirm ownership and any recorded transfer‑on‑death instrument.
- If the house is solely in your mother’s name and you must clear title, contact the probate court clerk to learn the local process and forms for probate or for a court‑ordered sale. Many counties provide guidance and packet forms for small estates or summary probate procedures.
- Consider hiring an Oregon probate attorney if the estate includes real property, if creditors are likely, or if heirs disagree. A lawyer can advise whether you need to publish notice to creditors or proceed via another route.
Helpful Hints
- Do not try to sell the house using a small‑estate affidavit intended for personal property — title companies will usually not insure the buyer without a probate court order or clear title documentation.
- If you have a buyer lined up and need a quick sale, ask the title company what documentation or court order they will require to insure the buyer’s title; that will clarify whether probate is necessary.
- If creditors exist or you are unsure about debts, follow the probate notice rules. Publishing a notice and following the court’s directions limits personal liability to heirs for unpaid estate debts.
- Keep all records: death certificate, deed, mortgage statements, bills, bank records, and any communications with creditors. These documents help the court or a title company evaluate the matter quickly.
- Use the Oregon Judicial Department resources for forms and plain‑language guidance: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx
- If you need statute text, consult the Oregon Revised Statutes online at the legislature’s site: https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx — and ask an attorney to interpret how the statutes apply to your facts.
If you want, tell me whether the house is held jointly, whether there is a will, and whether you know of any creditors. I can outline likely next steps and the local forms you may need to look up.