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Small estate affidavit in Oregon (2026)

In Oregon, heirs can collect up to $75,000 without probate with a sworn affidavit (Simple estate affidavit (ORS 114.505-114.560)). You must wait 30 days after the death. Real estate: can be included (see the rule). Last checked .

Oregon at a glance

Affidavit cap
$75,000
Applies to
deaths on or after 2026-01-01 (manufactured homes count toward the $200,000 real-property part); dollar caps are the same for earlier deaths
Value counted
Gross value (debts not subtracted)
Waiting period
30 days
If there is a will
Can still be used
File with a court
Yes
Real estate
Can be included (see the rule)
Court shortcut
Regular probate (no separate summary administration)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

  • In Oregon the affidavit (or a related form) must be filed with the court in some or all cases — see the rules.

Oregon cap for this date of death

$75,000

A worked example for Oregon

Say a parent who lived in Oregon died on March 1, 2026, leaving $60,000 in a bank account in their name only and no house. $60,000 is within the $75,000 cap for that date of death, so the family can use the affidavit from March 31, 2026.

The rules in Oregon

  • The affidavit. The affiant files a simple estate affidavit with the probate court clerk, then delivers certified copies to banks, debtors and others holding the decedent's property, who must pay or turn it over. The affiant acts as a fiduciary who pays listed claims and distributes the estate.
  • Cap. No more than $75,000 in personal property and no more than $200,000 in real property, up to $275,000 total, at gross value.
  • What counts. Up to $75,000 of personal property (other than manufactured homes) plus up to $200,000 of real property and manufactured homes, at fair market value on the date of death (or within 45 days before filing if death was over a year earlier). A testate estate can also qualify when the balance is devised to the decedent's pre-existing trust.
  • What doesn't count. Assets that pass outside the estate: joint-with-survivorship property, beneficiary-designated assets (life insurance, retirement accounts) and POD/TOD accounts, per the court's instructions. Values are not reduced for liens or debts.
  • Waiting period. The affidavit cannot be filed until 30 days after death. A creditor filing as claiming successor must wait until 60 days after death.
  • Conditions. No personal representative may have been appointed or petitioned for in Oregon. A will must be filed with the affidavit (original, with proof of execution). Copies must go to heirs, devisees, creditors, the Department of Human Services or Oregon Health Authority, and (if the decedent was incarcerated in the last 15 years) the Department of Corrections. A safe deposit box inventory is needed first if there is a box. Claims may be presented for 4 months after filing.
  • Who can sign. One or more claiming successors (heirs if intestate, devisees if testate, or an unpaid creditor after 60 days), the person named as personal representative in the will, or the Department of Human Services, Oregon Health Authority, or an approved attorney when public assistance may be recovered. A person disqualified to be a personal representative or convicted of a felony may not file.
  • Court filing. The affidavit is filed with the probate court clerk in a county where venue lies, along with a certified death record and any will. The clerk may notarize it.
  • Fee. $124 filing fee (ORS 21.145); no fee for an amended affidavit

Houses, land and vehicles

  • Real estate. The same affidavit covers Oregon real property up to $200,000 (with manufactured homes for deaths from 2026-01-01). The affiant may sell or transfer land only if each heir or devisee who would succeed to it joins in the conveyance.
  • Vehicles. When the estate is not probated, all heirs may assign a vehicle with the DMV Inheritance Affidavit (Form 735-516, ORS 803.094); an affiant selling a vehicle must follow DMV rules.

When the affidavit isn't enough

Oregon has no separate summary probate. Estates over the simple-estate limits go through regular probate with a personal representative (ORS chapter 113). If an affiant finds the estate exceeds the limits, the affiant's authority ends and a personal representative takes over.

Good to know in Oregon

  • The affiant is a fiduciary and can be personally liable for losses from mistakes; claiming successors are answerable to creditors and any later personal representative up to the value received (ORS 114.545, 114.549).
  • A copy of the filed affidavit and death record must go to DHS/OHA (Medicaid estate recovery).
  • Within two years after filing, the affiant or an unpaid claiming successor may ask the court for summary review (ORS 114.550).

Official help and forms

Sources

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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