How Does an Oregon Simple Estate Affidavit Work?

The Oregon rule in one table

Two caps, one valuation rule

Oregon has no single combined cap. Both ORS 114.510(1)(a) limbs must be met: personal property other than manufactured homes up to $75,000, and real property plus manufactured homes combined up to $200,000. A manufactured home counts in the $200,000 limb even if assessed as personal property elsewhere.

The pourover exception in ORS 114.510(1)(b) is a second way to qualify. For a testate death, the caps apply to specifically devised property, and the balance must go to the trustee of a pre-existing trust of which the decedent was settlor. Specifically devised personal property other than manufactured homes must not exceed $75,000, and specifically devised real property and manufactured homes must not exceed $200,000. Read the will and trust together before relying on it.

Valuation is strict. Value is set at death, unless death was over one year before filing, when it is set within 45 days before filing. The entire interest counts, with no reduction for liens or debts. A mortgaged house counts at full value, not equity, which alone disqualifies many estates that look small on equity. Value the whole interest, in both limbs, on the correct date.

Who may file, and who may not

Under ORS 114.515(1), if the estate meets ORS 114.510, any of the following may file: claiming successors; a person named as personal representative in the will, if death was testate; or the DHS Director, the OHA Director, or an attorney approved under ORS 114.517, where the decedent received public assistance, medical assistance, or institutional care and recovery may be possible. A person disqualified as personal representative under ORS 113.095, or convicted of a felony anywhere, may not file. The clerk charges the ORS 21.145 fee, except for an amended affidavit, where no fee is charged. No fee figure is stated here, as the amount was not verified in the text read. Ask the probate clerk for the current fee.

Under ORS 114.520, a creditor filing where the decedent died intestate without heirs needs written State Treasurer authorization, given only where the estate appears insolvent, and must note creditor status at the top of the affidavit.

What the affidavit must contain

ORS 114.525 requires a long affidavit. First is a notice in at least 14-point bold type below the caption, headed Notice of Duty to Pay Debt or Turn Over Property. It tells a recipient that under ORS 114.535 the person must pay a debt or turn over property, and refusal may lead to a motion to compel and possible attorney fees.

The affidavit must state the affiant's name and address, filing authority, that it is made under ORS 114.505 to 114.560, the decedent's name, age, domicile, address, and last four Social Security digits, the date and place of death, and all estate property with fair market value under ORS 114.510, including a legal description of real property. It must state that no personal representative was appointed in Oregon, no petition is pending, and the estate is not being administered in Oregon; testate or intestate status; heirs and devisees with addresses, delivery statements, interests, and any escheat interest; reasonable efforts to find creditors; and undisputed and disputed claims separately, with amounts and delivery statements.

The affidavit must state that a copy showing the filing date plus a death record copy will go to DHS or OHA as prescribed by rule, and whether the decedent was incarcerated in Oregon in the 15 years before death, with a copy to the Department of Corrections if so. A certified death record is filed confidentially. For a testate death, the will, or a certified copy, plus proof of the will, and, for a pourover filing, a trust copy or certification, must be filed at the same time.

The affidavit must state the claim rules. Unlisted claims, or larger amounts, may be barred unless presented within four months of filing, or a personal representative petition is filed within the ORS 114.555 time. Disputed claims carry a parallel four-month summary determination rule. The ORS 114.540 window runs from filing, and from an amended filing. The affiant must amend to correct a material error or add undescribed property, unless the estate exceeds the limits, when authority ends and notice must be filed.

Transfer, claims, and the deed

The affiant delivers a certified copy to holders. Under ORS 114.535, a holder must pay or turn property over on receipt, including safe deposit box access where the decedent was sole or last surviving lessee, subject to the ORS 114.537 inventory rule. A complying holder is discharged as if dealing with a personal representative. After certified-mail demand, a refusing holder faces a motion to compel, with fees to the prevailing party where the motion or refusal lacked an objectively reasonable basis.

Transfer under ORS 114.555 follows the four-month claim period, payment of unsecured creditors to the extent of estate property, and, where no personal representative petition was filed within four months, before the two-year ORS 114.550 period expires. Conveyed property stays subject to liens and creditor rights until that period expires. Real property moves by a bargain and sale deed in the county deed records, executed as ORS chapter 93 requires. A manufactured structure assessed as personal property moves by filing with the Department of Consumer and Business Services.

See the Small Estate Affidavits by State directory for the other state procedures.

Source

• ORS chapter 114, Oregon Legislature, 2025 edition (ORS 114.505, 114.510, 114.515, 114.517, 114.525, 114.535, 114.537, and 114.540 read 2026-10-31; split caps, valuation, 30-day wait, notice, DHS and OHA copy, and four-month window confirmed; no change found)
• ORS 114.555, search read (bargain and sale deed, four-month and two-year timing confirmed; chapter lines beyond ORS 114.540 were not re-opened after a rate limit, so ORS 114.542, 114.545, 114.550, and 114.555 detail beyond deed and timing is banked level, flagged here)
• Open flag: no filing fee figure is stated. The fee is the ORS 21.145 fee in ORS 114.515(5). The ORS 114.520 Treasurer authorization is stated from the chapter listing and heading, not a full-text re-read this run.
• Facts verified 2026-10-31.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to your state motor vehicle agency or court.