Oregon Small Estate Affidavit Explained

Oregon’s small estate affidavit, which the courts’ current forms call a simple estate affidavit, is genuinely more generous than most states’ equivalent process, particularly in how it treats real property.

What are the two thresholds?

Oregon’s simple estate affidavit (ORS 114.505-114.535) is available when:

• Not more than $75,000 of the estate’s fair market value is attributable to personal property, and
• Not more than $200,000 is attributable to real property (including manufactured homes)

Combined, this allows for a potential estate of up to $275,000 - notably generous since it includes real property at all, unlike most states that exclude real estate from their simplified small estate process entirely.

How is value calculated?

This is an important distinction: value is calculated using fair market value as of the date of death, without any reduction for liens or other debts. A house worth $200,000 with a $150,000 mortgage still counts at its full $200,000 value toward the threshold - not the $50,000 in actual equity the family would realize.

Where is this filed?

Unlike some states’ out-of-court affidavits presented directly to a bank, Oregon’s affidavit is filed with the circuit court clerk in the county where the decedent died or was domiciled.

Is there a waiting period?

Yes. Oregon’s statute says the affidavit may not be filed until 30 days after the death (ORS 114.515(3)). If you file more than a year after the death, the estate’s value must be determined as of a date within 45 days before the affidavit is filed, rather than the date of death. An earlier version of this page said there is no fixed waiting period; that was wrong.

What should I do next?

Use fair market value, not net equity, when checking the estate against these thresholds - a mortgaged home still counts at full value. If it’s been more than a year since the death, get a fresh valuation within 45 days of filing rather than relying on the value at death.

Has Oregon changed this process recently?

Yes, in name and in some details. The Oregon courts’ current form is titled “Simple Estate Affidavit,” and its instructions say it can be filed only if the total value of the estate is under $275,000, with no more than $75,000 of fair market value in personal property and no more than $200,000 in real property. The Oregon State Bar’s Estate Planning and Administration Section newsletter (Winter 2026) reports that 2025 legislation (Senate Bills 15 and 168), effective January 1, 2026 unless noted, changed ORS 114.510 in two ways: it clarifies that a simple estate affidavit can be used when a pour-over will specifically devises property to people other than the trustee of the decedent’s revocable trust, if the specifically devised personal property is $75,000 or less, the specifically devised real property is $200,000 or less, and the rest goes to the trustee; and it counts the value of a manufactured home as real property, not personal property. The dollar limits did not change in that summary. Earlier drafts of Senate Bill 15 would have raised the limits and indexed them to inflation, and they do not appear in the Bar’s description of the enacted law. We did not read the final text of the enacted bills, so check the courts’ current instructions.

Add this to your Final Day Plan: a rough fair-market estimate of your real estate and personal property separately - given Oregon’s gross-value calculation, this matters more here than in states that account for debt.

Oregon law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult an Oregon-licensed attorney for guidance specific to your situation.