What are the time limits for filing a claim for an intestate estate?

In Oregon, the intestate succession laws provide a timeline for filing a claim for an intestate estate. Generally speaking, the claim must be made within four (4) years of the decedent’s date of death. If the claim is not filed within that time, the estate may be partially or completely closed. In some cases, it may be possible to file a claim outside of the four year period with the approval of the probate court. To do this, a petition must be filed with the court, along with an explanation of why the claim was not made within the four year timeframe. It is important to note that the court has discretionary authority in determining whether a claim can be made after the four year limit has expired. In addition to these time limits, any claimant must also demonstrate that they have a right to inherit from the estate. This requires a determination of both the legal heirs of the estate and the amount of the inheritance due to each heir. This may involve a lengthy legal process where evidence of right to the inheritance is presented to the court. It is important to note that the time limits and requirements for filing a claim for an intestate estate varies from state to state and it is advisable to consult with a local attorney for specific advice.

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