A Small Estate
ORS 114.510 and ORS 114.515 — a simple estate affidavit, 30 days after the death
| Part of the estate | Limit for a simple estate |
|---|---|
| Part of the estatePersonal property other than manufactured homes | Limit for a simple estateNot more than $75,000 |
| Part of the estateReal property and manufactured homes, combined | Limit for a simple estateNot more than $200,000 |
An estate within those limits, measured at fair market value without subtracting liens or debts, may be handled by a simple estate affidavit instead of a full probate. Value is taken as of the date of death, or within 45 days before filing if the death was more than one year earlier.
Not until 30 days after the death. One or more claiming successors, or the personal representative named in a will, may file the affidavit with the probate court clerk, but not until 30 days after the death. A person disqualified from serving as personal representative, or convicted of a felony, may not file it.
Creditors. A claim against the estate may be presented to the person who filed the affidavit within four months after it was filed, and a later claim is generally barred. A claim not listed in the affidavit is treated as allowed unless it is disallowed in writing within 60 days after it is presented.
If the estate turns out to exceed the limits, the affiant's authority ends and a personal representative may be appointed. The affidavit's contents and how property is collected with it are in sections not reproduced here. Whether a particular estate qualifies is a question for a licensed Oregon attorney.
Sources for this section (3)
- ORS 114.510 — Simple estate criteria
- ORS 114.515 — Simple estate affidavit
- ORS 114.540 — Procedure for claims
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.