How Do I Claim a Small Estate in Oregon?
The Oregon simple estate affidavit is a court-administered proceeding, not a form handed to a bank. ORS 114.525 requires 23 specific statements — including a statutory notice printed in 14-point bold type, the fair market value of all property, lists of every heir, devisee, and known creditor (disputed claims listed separately), and notice to the Department of Human Services — and the affiant then takes on fiduciary duties to pay claims in statutory priority (ORS 114.545). This tool does not produce a substitute; the Simple Estate packet comes from the Oregon Judicial Department.
The Oregon small-estate procedure
Filed with the clerk of the probate court (circuit court) — not before 30 days after death — with the ORS 21.145 filing fee, a certified copy of the death record (confidential document), and, if testate, the original will and ORS 113.055 proof; the affidavit becomes part of the probate records (ORS 114.515, 114.525(2)-(3)). The affiant then collects by delivering certified copies of the filed affidavit to holders and debtors (ORS 114.535). Distribution to successors comes after the four-month claims period and before the two-year summary-review deadline (ORS 114.545, 114.550, 114.555).
Frequently asked questions
The Oregon simple estate affidavit is a court-administered proceeding, not a form handed to a bank. ORS 114.525 requires 23 specific statements — including a statutory notice printed in 14-point bold type, the fair market value of all property, lists of every heir, devisee, and known creditor (disputed claims listed separately), and notice to the Department of Human Services — and the affiant then takes on fiduciary duties to pay claims in statutory priority (ORS 114.545). This tool does not produce a substitute; the Simple Estate packet comes from the Oregon Judicial Department.
An estate of $75,000 or less, per ORS 114.505-114.560. The procedure is available 30 days after the death.
Filed with the clerk of the probate court (circuit court) — not before 30 days after death — with the ORS 21.145 filing fee, a certified copy of the death record (confidential document), and, if testate, the original will and ORS 113.055 proof; the affidavit becomes part of the probate records (ORS 114.515, 114.525(2)-(3)). The affiant then collects by delivering certified copies of the filed affidavit to holders and debtors (ORS 114.535). Distribution to successors comes after the four-month claims period and before the two-year summary-review deadline (ORS 114.545, 114.550, 114.555).
ORS 114.525(1)(a)-(w) sets out what the affidavit must state: A "NOTICE OF DUTY TO PAY DEBT OR TURN OVER PROPERTY" in substantially the statutory form, printed in at least 14-point bold type immediately below the caption on the first page; The name and post-office address of the affiant; The authority under which the affiant is filing the affidavit, as provided in ORS 114.515; A statement that the affidavit is made under ORS 114.505 to 114.560; and 19 further required statements.
A person who pays a debt or transfers, delivers, or allows possession of property on receipt of a certified copy of the simple estate affidavit "is discharged and released from any liability or responsibility for the debt or property in the same manner and with the same effect as if the debt had been paid or the property had been transferred or delivered to a personal representative" (ORS 114.535); refusal can be compelled by motion, with attorney-fee exposure per the affidavit's statutory notice. Claiming successors who receive property remain answerable to creditors and any later-appointed personal representative (ORS 114.545(4)).
Unlike most affidavit states, the Oregon procedure covers real property: the estate qualifies with real property and manufactured homes up to a separate $200,000 cap (personal property other than manufactured homes up to $75,000 — ORS 114.510 as amended 2025), the affidavit must include a legal description of any real property (ORS 114.525(1)(g)), and after the statutory periods the interest of the decedent in described real property transfers to the persons shown as entitled (ORS 114.555).
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