Small estate affidavit in Oregon: who can use it and how

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.

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.

Checked against official sources: October 30, 2026.

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

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

Questions about small estates in Oregon

How long must I wait to use the affidavit in Oregon?

What does the affidavit cost in Oregon?

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

Am I responsible for debts if I use the affidavit in Oregon?

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.