Small Estate Affidavit in Oregon

Oregon calls this a 'simple estate affidavit,' filed with the probate court clerk. It may be used if no more than $75,000 of the estate's fair market value is personal property (other than manufactured homes) and no more than $200,000 is real property and manufactured homes ($275,000 in total). Values are fair market value without reduction for liens or debts, generally as of the date of death. Real property may be included. It may not be filed until 30 days after the death (the court's instructions state 60 days for a creditor). Heirs or devisees, a personal representative named in the will, or certain state agencies may file; a person disqualified to serve as personal representative or convicted of a felony may not. Creditors may present claims to the affiant within four months after the affidavit is filed.

The simple estate affidavit procedure (ORS 114.505 to 114.560) is Oregon's main simplified option for estates within the $75,000 personal property / $200,000 real property limits. The affiant acts as a fiduciary, pays expenses and claims in statutory order, and may be subject to a summary court review if the affiant or an unpaid claiming successor petitions within two years after filing. Larger estates go through regular probate with a court-appointed personal representative.

Claims must be presented to the personal representative within four months after the date the notice to interested persons is published, or, for creditors who had to receive mailed notice, within 45 days after that notice is mailed or delivered if that is later. Filing a claim with the court does not count as presenting it. A late claim may still be paid in limited cases if presented before the final account is filed.