What to gather for a small estate in Oregon

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

1. Wait at least 30 days after the death and check that no other probate case is filed.
2. If the person had a safe deposit box, ask the bank for an inventory first.
3. Fill out the OJD Simple Estate Affidavit with all assets at fair market value (do not subtract debts), heirs, devisees and claims.
4. 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.
5. Within 30 days, mail or deliver copies to heirs, devisees, unpaid creditors and the Department of Human Services (and Department of Corrections if required).
6. Give certified copies to banks and others holding property; pay claims in the order the law sets.
7. 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