Oregon Small Estate Affidavit
In Oregon an heir or devisee can use a small estate affidavit, which the statute now calls a simple estate affidavit, to settle an estate with up to $75,000 in personal property and up to $200,000 in real property, filed with the probate court 30 days after death. Attorney review available.
Introduction
A small estate affidavit is a sworn statement that lets a decedent's heir, devisee, or other successor settle a modest estate without a full probate administration. Oregon renamed this procedure the simple estate affidavit under ORS 114.505 to 114.560, but it is the same small estate tool. Unlike most states, where the affidavit is handed to a bank, in Oregon it is filed with the clerk of the probate court in a county with venue, and it is made part of the probate record (ORS 114.515). The affidavit may not be filed until 30 days after the death (ORS 114.515). It is available only when not more than $75,000 of the fair market value of the estate is attributable to personal property and not more than $200,000 is attributable to real property (ORS 114.510). Those two limits are independent tests, and fair market value is used without reduction for liens or other debts. Because Oregon lets the affidavit reach real property within the $200,000 limit, it does more than a personal-property-only affidavit in many other states. A filing fee applies under ORS 21.145. DocDraft builds your Oregon simple estate affidavit from your facts, with attorney review available before you sign.
Key Things to Know
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A small estate affidavit is a sworn statement that lets a decedent's heir, devisee, or other successor settle a modest estate without full probate; Oregon calls it a simple estate affidavit under ORS 114.505 to 114.560.
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The affidavit is available only when not more than $75,000 of the fair market value of the estate is attributable to personal property (ORS 114.510).
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A separate limit applies to real property: not more than $200,000 of the fair market value of the estate may be attributable to real property (ORS 114.510). The two limits are independent tests.
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Fair market value is measured without reduction for liens or other debts, so the value counted can exceed the equity in the property (ORS 114.510).
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The affidavit may not be filed until 30 days after the death of the decedent (ORS 114.515).
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In Oregon the affidavit is filed with the clerk of the probate court in a county with venue and becomes part of the probate record, and a filing fee applies under ORS 21.145 (ORS 114.515).
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An heir may file if the decedent died without a will, a devisee may file if there was a will, and a creditor or state agency may file in limited cases (ORS 114.515 and ORS 114.520).
Key decisions before you file
Before you file a Small Estate Affidavit in Oregon, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Once your Small Estate Affidavit is ready, you can check whether it needs to be notarized in Oregon in about a minute, and notarize it online through DocDraft if it does.
Oregon Requirements for Small Estate Affidavit
In Oregon a simple estate affidavit may not be filed until at least 30 days have elapsed since the date of the decedent's death (Oregon Revised Statutes 114.515). A certified copy of the death certificate is filed with the affidavit.
The affidavit is available only when not more than $75,000 of the fair market value of the estate is attributable to personal property (Oregon Revised Statutes 114.510). Fair market value is measured without reduction for liens or other debts.
Oregon lets the simple estate affidavit reach real property when not more than $200,000 of the fair market value of the estate is attributable to real property (Oregon Revised Statutes 114.510). The personal-property and real-property limits are independent tests, and both must be met.
The affidavit is filed with the clerk of the probate court in any county where there is venue for appointing a personal representative, and it becomes part of the probate record (Oregon Revised Statutes 114.515). It is not presented directly to a bank or asset holder.
The affidavit is available only when no proceeding to appoint a personal representative is pending or has concluded. If the estate exceeds the Oregon Revised Statutes 114.510 limits, the affiant's authority ends and a personal representative may be appointed.
An heir may file if the decedent died without a will, and a devisee may file if there was a will (Oregon Revised Statutes 114.515). A creditor may file in limited cases, and a creditor of an intestate estate with no heirs needs State Treasurer authorization (Oregon Revised Statutes 114.520).
The clerk of the probate court charges and collects the filing fee established under Oregon Revised Statutes 21.145 for filing a simple estate affidavit, except that no fee is charged for filing an amended affidavit (Oregon Revised Statutes 114.515).
A person who files a simple estate affidavit acts as a fiduciary of the estate (Oregon Revised Statutes 114.545) and is liable for improper administration (Oregon Revised Statutes 114.549). The affidavit is signed under penalty of perjury. Do not sign if the value or the heirs are uncertain.
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Check my Small Estate AffidavitFrequently Asked Questions
It is a sworn statement that lets a decedent's heir, devisee, or other successor settle a modest estate without a full probate administration. Oregon renamed the tool the simple estate affidavit under ORS 114.505 to 114.560. The affiant files it with the clerk of the probate court at least 30 days after the death, stating that the estate qualifies under the $75,000 personal-property and $200,000 real-property limits of ORS 114.510. It is usually the fastest, lowest-cost way to settle a small Oregon estate.
Full probate in Oregon appoints a personal representative who gathers assets, pays claims, and distributes the estate under court supervision, and it can run many months. An Oregon simple estate affidavit skips that appointment: the affiant files one sworn affidavit under ORS 114.515 and administers the estate directly under the small estate statutes. It is available only when the estate fits the $75,000 personal and $200,000 real property limits of ORS 114.510 and 30 days have passed since the death.
Under ORS 114.510, not more than $75,000 of the fair market value of the estate may be attributable to personal property, and not more than $200,000 may be attributable to real property. These are two independent tests, and both must be satisfied. Fair market value is used without reduction for liens or other debts, so a mortgaged home is counted at its full value, not its equity, when testing the $200,000 real property limit.
At least 30 days must have elapsed since the date of the decedent's death before the affidavit may be filed (ORS 114.515). The affidavit is filed with the clerk of the probate court and made part of the probate record. If the estate later turns out to exceed the ORS 114.510 limits, the affiant's authority ends and a personal representative may need to be appointed, so the 30-day wait and an accurate valuation both matter in Oregon.
Yes, within limits. Unlike many states whose affidavit reaches only personal property, Oregon lets the simple estate affidavit cover real property when not more than $200,000 of the fair market value of the estate is attributable to real property (ORS 114.510). The affidavit is filed with the probate court, and once the process is complete the interest of the decedent in the described property transfers to the successor under ORS 114.555. Larger estates must use full probate.
In Oregon the affidavit is filed with the clerk of the probate court in any county where there is venue for a proceeding to appoint a personal representative (ORS 114.515). It is not handed directly to a bank the way affidavits in some states are. The clerk charges a filing fee set under ORS 21.145, and the affidavit becomes part of the probate record. The affidavit must contain the information required by ORS 114.525.
Under ORS 114.515, if the decedent died without a will the heir or heirs may file; if the decedent left a will the devisee or devisees may file. A creditor may file in limited circumstances, and where the decedent died intestate without heirs a creditor needs State Treasurer authorization (ORS 114.520). The Director of Human Services or the Oregon Health Authority may file where public assistance or care costs may be recovered from the estate.
The affidavit is signed under penalty of perjury, and the affiant acts as a fiduciary of the estate under ORS 114.545, with liability for improper administration under ORS 114.549. If the estate exceeds the ORS 114.510 limits or the facts are wrong, the affiant may have to file an amended affidavit or turn the estate over to a personal representative. An Oregon simple estate affidavit should not be signed if the value or the heirs are uncertain.