Settle a small estate in Oregon without probate

In Oregon this is called: Simple estate affidavit (called a small estate affidavit before the 2023 renaming). If the estate is small enough, a family member or other qualified person files a sworn simple estate affidavit with the circuit court instead of opening a full probate.

Up to $75,000 in personal property and $200,000 in real property (deaths on or after January 1, 2026), 30 days after the death, filed with a court.

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Checked against official sources: October 30, 2026.

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Free tools

Small estate checker

Add up the estate and compare it with the Oregon limit for the date of death.

Letter to a bank

Present your signed affidavit to a bank or other holder in Oregon.

Balance request letter

Ask a bank or holder for the balance on the date of death.

What-to-gather checklist

Papers, steps, forms and fees for Oregon, by procedure.

Car, bank, house in Oregon

Car or other vehicle

If the estate is not being probated, all known heirs can sign an Inheritance Affidavit naming who gets the vehicle; signatures must be notarized (any state's notary).

Bank accounts

Accounts owned jointly with right of survivorship and payable-on-death or transfer-on-death accounts pass automatically and are not part of the simple estate.

House or land

An owner can sign a revocable transfer on death deed so that real property passes to the named beneficiary at death, outside probate.

Simple Estate Affidavit (ORS 114.505 to 114.560) - personal property cap

A sworn statement filed with the circuit court. Certified copies are then given to banks and others, who must hand over the property. The affiant acts as a fiduciary: collects the property, pays claims and distributes the rest.

Limit

Up to $75,000 in personal property and $200,000 in real property (deaths on or after January 1, 2026) Counted at full value, without subtracting debts.

Date of death	Limit
On or after January 1, 2026	$75,000
On or before December 31, 2025	$75,000

Real property:

Date of death	Limit
On or after January 1, 2026	$200,000
On or before December 31, 2025	$200,000

No more than $75,000 of the estate's fair market value can be personal property, and no more than $200,000 can be real property, so the total can be no more than $275,000. Values are not reduced by mortgages, liens or other debts. For deaths on or after January 1, 2026, manufactured homes count in the $200,000 real property amount instead of the $75,000 personal property amount.

What counts

Fair market value of the personal property in the estate (other than manufactured homes, for deaths on or after January 1, 2026), without subtracting liens or debts. Real property has its own $200,000 cap. Assets that pass automatically at death (survivorship, beneficiary designations, payable-on-death or transfer-on-death) are not part of the estate.

Waiting period

The affidavit cannot be filed until 30 days after the death (60 days if you are a creditor). Before giving property to heirs, the affiant must wait at least four months after filing and pay all claims, expenses and taxes.

Who can use it

One or more heirs (if there is no will) or devisees (if there is a will), the personal representative named in the will, an unpaid creditor after 60 days, or, if Medicaid or public assistance may be recovered, the state or an attorney the state approves. A person who could not serve as a personal representative or who has a felony conviction may not file.

Court or where to file

Clerk of the probate court (circuit court) in a county where a probate case could be filed. Some counties may use a different court; check with the circuit court.

Notary

Your signature must be notarized by a court clerk or a notary public; bring photo identification.

Papers to attach

Certified copy of the death certificate (filed as a confidential document)
The original will and proof of the will (affidavit of attesting witness or of genuine signature), if there is a will
Copy of the trust instrument or a certification of trust, if the excess over the limits goes to the person's trust under the will
Written authorization from the State Treasurer, if a creditor files and there is no will and no heirs
Inventory of any safe deposit box (request it before filing)

Steps

Wait at least 30 days after the death and check that no other probate case is filed.
If the person had a safe deposit box, ask the bank for an inventory first.
Fill out the OJD Simple Estate Affidavit with all assets at fair market value (do not subtract debts), heirs, devisees and claims.
Sign it before a court clerk or notary and file it with the circuit court with the death certificate (and original will, if any); pay the filing fee.
Within 30 days, mail or deliver copies to heirs, devisees, unpaid creditors and the Department of Human Services (and Department of Corrections if required).
Give certified copies to banks and others holding property; pay claims in the order the law sets.
After four months and once claims are paid, transfer the remaining property to the people entitled; record a deed for real property.

Fee

$124 filing fee. No fee for an amended affidavit. Certified copies cost extra; ask the court.

If you can't pay

If you have low income, you can ask the court to defer or waive the fee with an Application and Declaration for Deferral or Waiver of Fees.

Debts and responsibility

The affiant is a fiduciary and can be personally liable for losses to the estate (for example, from delay, commingling, paying claims in the wrong order or self-dealing). Creditors can present claims within four months after filing. For two years after filing, a creditor or heir who was not paid can ask the court for a summary review, and property given out stays subject to creditors' rights.

What the bank or holder must do

A person who owes the person money or holds their personal property must pay or deliver it to the affiant on receiving a certified copy of the affidavit, and is then released as if dealing with a personal representative. Transfer agents must re-register securities. If the holder refuses, the affiant can serve a written demand by certified mail and, after 30 days, ask the court to compel payment; the court may award attorney fees against a side that acted without an objectively reasonable basis.

Forms

OJD Simple Estate Affidavit and instructions (OJD official, Jun 2026)

Law: ORS 114.505-114.560, 21.145; Or. Laws 2025 ch. 34 (SB 168) and ch. 342 (SB 15); ORS 114.510, 114.555(3)

Source: Official page

What counts toward the limit in Oregon

Count only assets subject to administration by an Oregon court: assets in the person's name alone, generally located in Oregon. Use fair market value on the date of death (or within 45 days before filing if the death was more than a year ago) and do not subtract mortgages, liens or other debts. Personal property must total no more than $75,000 and real property no more than $200,000. Assets that transfer automatically at death are not counted.

Law: ORS 114.510

In this state the total is counted at full value, without subtracting debts.

Kind of property	How it is treated	Details
Bank accounts in the person's name alone	Counts	Bank and investment accounts in the person's name alone count toward the $75,000 personal property limit. Law: ORS 114.510
Joint or payable-on-death (POD) bank accounts	Left out	Accounts owned jointly with right of survivorship, and payable-on-death or transfer-on-death accounts, transfer automatically and are not counted.
Cars and other vehicles	Counts	Vehicles in the person's name alone count as personal property. Vehicles owned jointly with right of survivorship are not counted. Law: ORS 114.510
Boats and mobile or manufactured homes	Own procedure, up to $200,000	For deaths on or after January 1, 2026, a manufactured home counts toward the $200,000 real property limit. For earlier deaths it counted toward the $75,000 personal property limit. Boats count as personal property. Law: ORS 114.510(1)(a), (3); Or. Laws 2025 ch. 342 (SB 15), sec. 2
Real estate in Oregon	Own procedure, up to $200,000	Oregon real estate in the person's name alone counts toward the separate $200,000 real property limit, at full fair market value without subtracting the mortgage. Law: ORS 114.510(1)(a)(B), (2)(b)
Main home (primary residence)	Own procedure, up to $200,000	The person's home counts toward the $200,000 real property limit at full value, unless it passes automatically (for example, by survivorship or a recorded transfer on death deed). Law: ORS 114.510; ORS 93.969
Real estate in another state	Left out	The estate generally includes only assets located in Oregon. The court's instructions say to talk to a lawyer if there are assets in another state.
Unpaid wages owed to the person	Counts	Money owed to the person, such as a final paycheck, is personal property and counts. Law: ORS 114.510, 114.535(1)
Military pay owed to the person	Not clear	Ask the court or a lawyer how military pay owed to the person is treated. Law: ORS 114.510
Life insurance or retirement money paid to a named person	Left out	Life insurance and retirement accounts with a named beneficiary transfer automatically and are not counted.
Life insurance or retirement money paid to the estate	Counts	Life insurance payable to the estate, or with no named beneficiary, counts as personal property.
Property in a living trust	Left out	Property already in a trust is not in the person's name alone and is not counted. If a will leaves the excess over the limits to the person's existing trust, the affidavit may still be used with a copy or certification of the trust. Law: ORS 114.510(1)(b)
Property owned jointly with right of survivorship	Left out	Assets owned jointly with right of survivorship transfer automatically and are not counted.
Property going to a surviving spouse	Counts	Property in the person's name alone that the spouse inherits by will or by law still counts. Property the spouse gets by survivorship or beneficiary designation does not. Law: ORS 114.510
Stocks, bonds and brokerage accounts	Counts	Stocks and bonds in the person's name alone count as personal property; transfer-on-death accounts do not. Law: ORS 114.510, 114.535(5)
Furniture, jewelry and other belongings	Counts	Belongings count at fair market value. A pet worth less than $2,500 does not have to be listed on an estate inventory. Law: ORS 114.510, 114.215(3)

Source: Official page

Car or vehicle title after a death in Oregon

If the estate is not being probated, all known heirs can sign an Inheritance Affidavit naming who gets the vehicle; signatures must be notarized (any state's notary). Submit it with the title (if available), an application for title and the title transfer fee. A parent or guardian signs for a minor or incapacitated heir. DMV also accepts a title application when ownership is settled by a simple estate affidavit. If the title shows survivorship, the surviving owner transfers it with proof of death. No value limit or waiting period is set for the Inheritance Affidavit.

Law: ORS 803.094(2)(b)-(c); DMV Title and Registration Handbook, Chapter G (09/01/26)

Source: Form 735-516; Simple Estate Certification, Form 6797

Agency: Oregon Driver and Motor Vehicle Services (DMV), Oregon Department of Transportation
Form: Inheritance Affidavit, Form 735-516 (7-26)
Fee: DMV charges its title transfer fee.

Source: Official page

Bank accounts after a death in Oregon

Accounts owned jointly with right of survivorship and payable-on-death or transfer-on-death accounts pass automatically and are not part of the simple estate. For an account in the person's name alone, the affiant gives the bank a certified copy of the filed simple estate affidavit, and the bank must pay the affiant. The affiant may open an estate account to pay claims and expenses.

Law: ORS 114.535, 114.545(1)(e)

Source: Official page

Transfer-on-death (TOD) and payable-on-death (POD) in Oregon

Real estate (TOD deed)

Yes · Transfer on death deed

An owner can sign a revocable transfer on death deed so that real property passes to the named beneficiary at death, outside probate. If the beneficiary does not survive the owner, that gift lapses. A contest of the deed must be started within 18 months after the death.

Law: ORS 93.948-93.985 (Uniform Real Property Transfer on Death Act)

Bank account (POD)

Yes

Securities (TOD)

Yes

Source: Official page

Surviving spouse in Oregon

Oregon has no separate small estate procedure for a spouse. A surviving spouse and dependent children living in the person's home may keep living there for one year after the death, and in a probate case the court can order support from the estate. A spouse who inherits under the will or by law can be an affiant on a simple estate affidavit. Property transferred by a simple estate affidavit is still subject to a surviving spouse's elective share claim.

Law: ORS 114.005; ORS 114.015; ORS 114.555(1)(a)(B)

Debts of the person in Oregon

The affiant pays claims and expenses from the estate in the priority order of ORS 115.125 and can be personally liable for paying in the wrong order. Creditors not listed may present claims within four months after filing; property distributed remains subject to creditors' rights for two years.

Law: ORS 114.540, 114.545, 114.555

Medicaid estate recovery in Oregon

After an Oregon Health Plan member dies, ODHS seeks repayment of Medicaid paid after age 55 for long-term care (and related benefits), or for a person of any age who was permanently institutionalized. Oregon defines the estate broadly: all property in which the person had any legal title or interest at death, and recovery can be made from anyone who received such property. A claim can be filed, but nothing is collected until after the surviving spouse dies, and not while there is a surviving child under 21 or a blind or disabled child. Anyone receiving property can ask for a hardship waiver; deadlines are short. The simple estate affidavit must be sent to the Department of Human Services or Oregon Health Authority.

Law: ORS 416.350, 416.340, 114.525(1)(s); OAR 461-135-0832 to 461-135-0847

Agency: Oregon Department of Human Services (ODHS), Estate Administration Unit
Phone: 800-826-5675
Official page: Official page

Who inherits with no will in Oregon

If there is no will, the surviving spouse gets the entire net estate if the person left no descendants, or if all the person's descendants are also the spouse's descendants. If the person had a descendant who is not the spouse's, the spouse gets half. Anything not going to the spouse goes to the descendants, then parents, then brothers and sisters (and their descendants), then grandparents and their descendants.

Law: ORS 112.025, 112.035, 112.045

Source: Official page

Death certificates in Oregon

Extra copies ordered at the same time also cost $25 each. A short-form certificate without cause of death costs the same. Phone: 971-673-1190.

Where to get it: Oregon Health Authority, Center for Health Statistics (Oregon Vital Records)
Official page: Official page

Where to file in Oregon

The simple estate affidavit is filed with the probate clerk of the circuit court in a county where a probate case could be filed (usually where the person lived, or where their property is). Certified copies then go to banks and other holders. Real property is transferred by recording a deed in the county where it is. Vehicles can be transferred at DMV with the Inheritance Affidavit.

Good to know in Oregon

In Oregon the simple estate affidavit is filed with the court and can cover real estate up to $200,000 plus personal property up to $75,000, valued without subtracting mortgages or debts.
The affiant is a fiduciary who must wait four months after filing before distributing, and can be personally liable for mistakes.
For deaths on or after January 1, 2026, manufactured homes count toward the $200,000 real property limit instead of the $75,000 personal property limit.

Changes in 2024–2026

Or. Laws 2023 ch. 17 renamed 'small estate affidavit' to 'simple estate affidavit'. 2025: SB 168 clarified the will-and-trust option in ORS 114.510(1)(b); SB 15 moved manufactured homes into the $200,000 real property amount, for deaths on or after the Act's effective date. Dollar limits ($75,000 / $200,000) did not change. OJD form revised June 2026.

Law: Or. Laws 2025 ch. 34; Or. Laws 2025 ch. 342

National rules that apply in every state

Federal estate tax

For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
Most estates owe no federal estate tax and do not need to file a federal estate tax return.

Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)

The final income tax return

Report all income up to the date of death and claim all eligible credits and deductions.
Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).

Law: Form 1310 instructions (Rev. December 2025)

Social Security retirement benefits are paid through the month before the month the person died.
If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.

Law: 42 U.S.C. 402(a), 402(i)

Savings bonds

If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.

Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)

Debts are generally paid from the money and property the person left (the estate).
If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.

Law: 12 CFR 1006.6(a)(4)

For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/

Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31

FDIC insurance on bank accounts

After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.

Law: 12 CFR 330.3(j)

Medicaid estate recovery

States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
The 'estate' includes at least the property in the person's probate estate under state law.
Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html

Law: 42 U.S.C. 1396p(b)

Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.

Free help in Oregon

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.

More help on our sister sites

Questions about small estates in Oregon

What is a small estate affidavit called in Oregon?

What is the small estate limit in Oregon?

Up to $75,000 in personal property and $200,000 in real property (deaths on or after January 1, 2026), 30 days after the death, filed with a court.

How long do I wait in Oregon?

Do I have to go to court in Oregon?

Clerk of the probate court (circuit court) in a county where a probate case could be filed. Some counties may use a different court; check with the circuit court.

How do I transfer a car after a death in Oregon?

What happens to a bank account after a death in Oregon?

Who inherits in Oregon if there is no will?

Do I owe the person's debts in Oregon?

Sources

Settle a small estate in Oregon without probate

Free tools

Small estate checker

Letter to a bank

Balance request letter

What-to-gather checklist

Car, bank, house in Oregon

Car or other vehicle

Bank accounts

House or land

Related pages

Simple Estate Affidavit (ORS 114.505 to 114.560) - personal property cap

What counts toward the limit in Oregon

Car or vehicle title after a death in Oregon

Bank accounts after a death in Oregon

Transfer-on-death (TOD) and payable-on-death (POD) in Oregon

Surviving spouse in Oregon

Debts of the person in Oregon

Medicaid estate recovery in Oregon

Who inherits with no will in Oregon

Death certificates in Oregon

Where to file in Oregon

Good to know in Oregon

Changes in 2024–2026

National rules that apply in every state

Federal estate tax

The final income tax return

Social Security

Savings bonds

Debts

A house with a mortgage

FDIC insurance on bank accounts

Medicaid estate recovery

Death certificates

Free help in Oregon

More help on our sister sites

Questions about small estates in Oregon