Oregon
Oregon Small Estate Affidavit: Limits, Rules and How to Use It
Independently fact-checked against primary sources (last audited October 8, 2026). · 12 primary sources cited on this page. How we verify our legal content
Oregon's small estate procedure is the simple estate affidavit under ORS 114.505 to 114.560. It is available only when no more than $75,000 of the estate is personal property (other than manufactured homes) and no more than $200,000 is real property and manufactured homes combined (manufactured homes count in that cap for deaths on or after January 1, 2026), and it may not be filed until 30 days after the death.
Oregon works differently from most states: the affidavit is filed with the probate court clerk, and the person who files it takes on duties to notify heirs and creditors and pay claims before distributing anything. For deposits of $25,000 or less, a bank can pay on a separate affidavit with no court involvement. For how other states compare, see our small estate affidavit rules by state.
Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Oregon's simple estate affidavit under ORS 114.505 to 114.560 (2025 Edition), the $25,000 bank deposit affidavit under ORS 708A.430, the final wage rule in ORS 652.190, and the DMV inheritance affidavit under ORS 803.094. It does not cover full probate administration, who inherits under Oregon intestacy rules, estate tax, or the law of any other state.
Oregon's small estate options at a glance
| Route | Statute | Limit | Court involved? | Form |
|---|---|---|---|---|
| Simple estate affidavit | ORS 114.505 to 114.560 | Personal property up to $75,000 and real property plus manufactured homes up to $200,000 (manufactured homes counted this way for deaths on or after January 1, 2026), gross value | Yes, filed with the probate court clerk ($124 fee) | Oregon Judicial Department Simple Estate Affidavit |
| Bank deposit affidavit | ORS 708A.430 | Total deposits in all Oregon financial institutions of $25,000 or less | No, given to the bank | No statewide form identified; ask the bank |
| Final wages to family | ORS 652.190 | Wages earned up to $10,000 | No | Ask the employer |
| Vehicle inheritance affidavit | ORS 803.094 | No value cap seen in DMV materials | No (DMV) | DMV Form 735-516 |
When can you use the simple estate affidavit?
ORS 114.510 sets two tests that must both be met:
"(a)(A) Not more than $75,000 of the fair market value of the estate is attributable to personal property other than manufactured homes; and (B) Not more than $200,000 of the fair market value of the estate is attributable to the combined fair market value of real property and manufactured homes"
Two caps, not one. The court form states a combined figure of $275,000, but that number is just the two caps added together. An estate with $100,000 of personal property does not qualify, even if it owns no real estate.
Manufactured homes and date of death. The rule that moves manufactured homes into the $200,000 real property cap comes from Oregon Laws 2025, chapter 342, and applies to deaths on or after January 1, 2026. For an earlier death, ask the court clerk or a lawyer how a manufactured home is counted before relying on the caps.
Gross value, not equity. The statute says "the fair market value of the entire interest in the property included in the estate shall be used without reduction for liens or other debts." A $180,000 house with a $150,000 mortgage counts as $180,000.
What is in the estate. The court's instructions say "The estate does not include assets that transfer automatically to others following death," such as jointly owned property with survivorship rights, accounts with beneficiary designations, and payable-on-death or transfer-on-death accounts, unless the estate itself is the beneficiary. The court's instructions say the count covers property subject to administration, meaning assets in the decedent's name alone and generally located in Oregon; talk to a lawyer if the estate includes assets in another state.
Valuation date. Property is valued at the date of death, or, if the death was more than a year before filing, within 45 days before filing.
A trust exception for wills. If the decedent left a will, the estate may exceed the caps when everything above them is left by the will to the trustee of a trust the decedent created before death, and specific gifts to anyone else stay within the $75,000 and $200,000 limits (ORS 114.510(1)(b)). A copy of the trust instrument or a certification of trust must be filed with the affidavit (ORS 114.525(4)).
No probate already open. The affidavit must state that no personal representative has been appointed in Oregon, no petition to appoint one is pending in Oregon, and the estate is not currently being administered in Oregon.
Safe deposit box first. If the decedent rented a safe deposit box, the statute says you "may not file a simple estate affidavit until the person requests an inventory of the box under ORS 708A.655," and the box contents count toward the limits.
How long do you have to wait?
ORS 114.515 states: "A simple estate affidavit may not be filed until 30 days after the death of the decedent." A creditor may file only when its claim remains unpaid 60 days after the death.
Filing is not the end of the wait. The court's instructions say you must wait until "4 months have passed after the date the Affidavit, or the latest-filed amended Affidavit, was filed AND (2) all claims, expenses, and taxes have been paid" before distributing the estate.
Who can file
ORS 114.515 lists who may file with the probate clerk:
- Claiming successors: the heirs if there is no will, the devisees if there is a will, and creditors whose claims are unpaid 60 days after the death.
- A personal representative named in the will.
- The director of the Department of Human Services (DHS) or the Oregon Health Authority (OHA), or an attorney they approve, when public assistance may be recoverable from the estate.
A person who would be disqualified to serve as a personal representative under ORS 113.095, or who has been convicted of a felony, cannot file. If there is no will and no heirs, a creditor needs written authorization from the State Treasurer.
Step by step: filing a simple estate affidavit
- Wait 30 days after the death, and request any safe deposit box inventory first.
- Add up the estate at gross fair market value, keeping personal property and real property separate (for deaths on or after January 1, 2026, manufactured homes go with real property), and confirm both caps are met.
- Get the official form. The Oregon Judicial Department publishes the Simple Estate Affidavit with instructions (June 2026 revision). The instructions point readers to oregonlawhelp.org for more detail.
- List everyone the form requires: heirs, devisees, creditors and claims.
- Sign before a court clerk or notary. The instructions warn: "DO NOT SIGN THE AFFIDAVIT YET! Your signature must be notarized by a court clerk or notary public." A clerk may acknowledge the signature on proof of identity and a statement under penalty of perjury (ORS 114.515(8)).
- File with the probate court clerk in a county where there is venue. The court's instructions say some counties use a different court, so check with the circuit court. Include the death record: "The affiant shall file a certified copy of the death record of the decedent as a confidential document." If there is a will, file the original will with proof of the will under ORS 113.055; the instructions say a copy is not enough.
- Pay the $124 filing fee. ORS 21.145 sets the fee, applied to the affidavit by ORS 114.515(5). ORS 114.515(5) bars any fee for an amended affidavit. The court's instructions add that low-income filers can ask to defer or waive the fee, and that the fee and copy costs can be listed as estate expenses.
- Send copies within 30 days of filing. Mail or deliver a copy to each heir, devisee and creditor listed, and a copy with the death record to DHS and OHA (and to the Department of Corrections if the decedent was held in an Oregon facility in the 15 years before death).
- Collect, pay claims, then distribute after the 4-month claims period, as described below.
If you find an error or new property, file an amended affidavit. If the estate turns out to exceed the limits, the affiant's authority ends and a regular probate is needed.
What the affidavit lets you collect
Once a holder receives a certified copy of the filed affidavit, the holder must pay or turn over the property: "the person shall pay the debt or transfer, deliver, provide access to and allow possession of the personal property to the affiant." This reaches tangible property (including safe deposit box contents), bank accounts and other debts owed to the decedent, and corporate securities through the transfer agent. Recorded livestock brands transfer through the State Department of Agriculture, vehicles through DMV, and manufactured structures through the Department of Consumer and Business Services.
Real estate. A house or land can pass through the affidavit if it fits within the $200,000 cap. The affiant holds the property during the claims period, then transfers it to the persons entitled. Under ORS 114.555(3), "the affiant shall cause to be recorded in the deed records of the county in which the real property is situated a bargain and sale deed conveying the property to the person entitled to the property." Under ORS 114.547, the affiant can sell real property before the two-year period ends only if each heir or devisee who would inherit it joins in the sale. For finding the existing deed, see our Oregon property records guide.
Vehicles. The DMV's Chapter G handbook says: "If the estate is not being probated, DMV will accept a fully completed Inheritance Affidavit, Form 516 (see Example). All heirs of the estate must sign the form. The signatures must be notarized." That is Form 735-516, Inheritance Affidavit, under ORS 803.094. If a simple estate affidavit has been filed, an affiant can apply for a new title using DMV Form 735-6797, Simple Estate Certification.
Final wages. ORS 652.190 provides: "All wages earned by an employee, not exceeding $10,000, shall, upon the employee's death, become due and payable to the employee's surviving spouse, or if there is no surviving spouse, the dependent children."
Firearms. Oregon's exemption from background checks for transfers caused by an owner's death applies when a personal representative or a trustee under a will handles the transfer to a listed relative (ORS 166.435). A simple estate affiant is not a personal representative, so ask a gun dealer or a lawyer before handing a firearm to an heir.
Unclaimed property. The State Treasury holds estates that escheated because no heirs were known. Its estates page says: "Heirs can claim assets ten years from the deceased's date of death or eight years from the time a court issues an order to escheat." Whether the Treasury accepts a simple estate affidavit for an ordinary unclaimed property claim was not confirmed for this page; ask the Treasury. See our Oregon unclaimed property guide.
The $25,000 bank deposit affidavit (no court)
For bank accounts alone, ORS 708A.430 offers a simpler path. If "the deposit is $25,000 or less," an insured institution may pay it to a claimant who gives an affidavit stating "that the total deposits of the deceased depositor in all financial institutions in Oregon do not exceed $25,000." The statute says "A probate proceeding is not necessary to establish the right of the surviving spouse."
The statute ranks who can claim and when:
| Claimant | Earliest payment |
|---|---|
| Surviving spouse | Any time after the death |
| OHA or DHS (if they have a preferred claim and there is no spouse) | 46 to 75 days after the death |
| Surviving children 18 or older, then a surviving parent, then surviving siblings 18 or older, then any other heir | Not earlier than 46 days, and not earlier than 76 days unless OHA and DHS authorize payment |
The affidavit must "Embody a promise to pay the expenses of last sickness, funeral expenses and just debts of the deceased depositor out of the deposit to the full extent of the deposit if necessary," in the ORS 115.125 priority order, and then distribute the rest to those entitled. The bank may require a written indemnity agreement, and a bank that pays in good faith is discharged. No statewide form was identified; ask the bank what it uses. ORS 708A.430 covers insured institutions such as banks; ORS 723.466 gives credit unions the same $25,000 affidavit procedure, with the same order of claimants and the same 46-day and 76-day waits.
Paying debts, and what happens if you get it wrong
You are a fiduciary. The affiant must pay the listed undisputed claims and allowed claims in the ORS 115.125 priority order before distributing. Claims you list as undisputed must be paid. A claim not listed, or larger than listed, may be barred unless it is presented to the affiant within 4 months of the filing (or of an amended affidavit) or a petition to appoint a personal representative is filed in time, and a claim you list as disputed may be barred unless a petition for summary determination is filed within 4 months of the filing. Because DHS and OHA receive notice, those agencies may have claims against the estate for public assistance.
The court's instructions put the risk plainly: "YOU MAY HAVE TO PERSONALLY PAY THE COST OF MISTAKES IF YOU DO NOT DISTRIBUTE ASSETS CORRECTLY!"
Successors are answerable too. A claiming successor who receives property "is personally answerable and accountable: (a) To the extent of the value of the property received, to creditors of the estate," and to any personal representative appointed later.
Two years of exposure. A person may, "within two years after the filing of a simple estate affidavit, file with the probate court a petition for summary review of administration of the estate," and property conveyed stays subject to creditor rights until those two years run out. The exclusive remedies for someone injured by an affiant's or successor's failure to comply are summary determination, summary review, or a petition to appoint a personal representative.
Holders are protected. A person who pays a debt or turns over property to the affiant "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."
Sworn statements. The form is signed before a court clerk or notary, and a clerk's acknowledgment rests on a statement under penalty of perjury (ORS 114.515(8)). Sign only what you know to be true.
When to open probate instead
Open a regular probate when the estate exceeds either cap, when probate has already been started, or when the affidavit's notice and claims duties are more than you can manage. If the estate turns out to be over the limits after you file, your authority as affiant ends and a probate is required. Our Oregon probate guide explains that process.
Possible future changes
The 2025 Legislature amended ORS 114.510 (SB 168 and SB 15) but kept the $75,000 and $200,000 caps; a higher, inflation-adjusted version in the introduced SB 15 was not enacted. The Oregon Law Commission's Simple Estate Affidavit Criteria Work Group held its first meeting on June 30, 2026. Its meeting notes say: "The current goal is to prepare a bill for the 2029 or 2031 legislative session." No change has been enacted.
Related
- Small estate affidavit rules by state
- Oregon probate process
- Oregon unclaimed property
- Oregon property records
- Washington small estate affidavit
Disclaimer: This article provides general legal information about Oregon's simple estate affidavit and related Oregon Revised Statutes (2025 Edition), verified on 2026-10-07. It is not legal advice. For help with a specific estate, contact the probate court clerk in the county where the person lived, a legal aid office, or a lawyer licensed in Oregon.
Last updated: 2026-10-07.
Frequently Asked Questions
What is the small estate limit in Oregon?
Two separate caps under ORS 114.510: no more than $75,000 of personal property other than manufactured homes, and no more than $200,000 of real property and manufactured homes combined, measured at gross fair market value. Counting manufactured homes under the $200,000 cap applies to deaths on or after January 1, 2026.
Is the Oregon small estate limit $275,000?
Only in the sense that $75,000 plus $200,000 equals $275,000. Each cap applies on its own, so an estate with $100,000 of personal property does not qualify even with no real estate.
How long after death can I file a simple estate affidavit in Oregon?
ORS 114.515 says the affidavit may not be filed until 30 days after the death. A creditor can file only if its claim is still unpaid 60 days after the death.
Does an Oregon small estate affidavit need to be filed with the court?
Yes. The simple estate affidavit is filed with the clerk of the probate court in a county where there is venue and becomes part of the probate records. The filing fee is $124.
Can I transfer a house with a small estate affidavit in Oregon?
Yes, if the real property (plus manufactured homes, for deaths on or after January 1, 2026) is worth no more than $200,000 in total. After the claims period, the affiant records a bargain and sale deed to the person entitled in the county deed records (ORS 114.555(3)).
Can I close a deceased person's bank account in Oregon without probate?
If total deposits in all Oregon financial institutions are $25,000 or less, ORS 708A.430 lets a bank pay a surviving spouse or listed heir on an affidavit. Heirs other than the spouse must wait at least 46 days, and 76 days unless OHA and DHS authorize earlier payment.
Who gets a deceased employee's final paycheck in Oregon?
Under ORS 652.190, wages earned up to $10,000 become due to the surviving spouse, or if there is no surviving spouse, to the dependent children.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Oregon Revised Statutes, Chapter 114: Administration of Estates Generally
§ 114.505Definitions for ORS 114.505 to 114.560In force
As used in ORS 114.505 to 114.560: (1) “Affiant” means the person or persons signing a simple estate affidavit. (2) “Claiming successors” means: (a) If the decedent died intestate, the heir or heirs of the decedent, or if there is no heir, an estate administrator of the State Treasurer appointed under ORS 113.235; (b) If the decedent died testate, the devisee or devisees of the decedent; and (c) Any creditor of the estate entitled to payment or reimbursement from the estate under ORS 114.545 (1)(f) who has not been paid or reimbursed the full amount owed such creditor within 60 days after the date of the decedent’s death. (3) “Simple estate affidavit” means an affidavit or amended affidavit filed under ORS 114.515.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
§ 114.535Transfer of decedent’s property to affiant; payment of debt owing to decedent; transfer of recorded brand; motion to compel transfer or paymentIn force
(1) The affiant may deliver a certified copy of a simple estate affidavit to any person who has possession of personal property belonging to the estate or who was indebted to the decedent. Except as provided in this section, upon receipt of the certified copy, the person shall pay the debt or transfer, deliver, provide access to and allow possession of the personal property to the affiant. (2) Subject to ORS 114.537, if a certified copy of a simple estate affidavit is delivered under subsection (1) of this section to a person that controls access to personal property belonging to the estate of the decedent, including personal property held in a safe deposit box for which the decedent was the sole lessee or the last surviving lessee, the person shall: (a) Provide the affiant with access to the decedent’s personal property; and (b) Allow the affiant to take possession of the personal property.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
§ 114.525Content of affidavit; rulesIn force
(1) A simple estate affidavit must: (a) Contain a notice in substantially the following form, printed in at least 14-point bold type immediately below the caption on the first page of the simple estate affidavit: ______________________________________________________________________________ NOTICE OF DUTY TO PAY DEBT OR TURN OVER PROPERTY To: Any person to whom a copy of this simple estate affidavit is mailed or delivered. Under ORS 114.535, if you owe a debt to the decedent or have personal property of the decedent, you must pay the debt or turn over the property to the affiant. If you refuse, the affiant may ask the court to compel you to pay the debt or turn over the property and you could be responsible for the affiant’s attorney fees. ______________________________________________________________________________ (b) State the name and post-office address of the affiant. (c) State the authority under which the affiant is filing the simple estate affidavit, as provided in ORS 114.515. (d) State that the simple estate affidavit is made under ORS 114.505 to 114.560.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
§ 114.555Transfer of interest of decedent in property described in affidavitIn force
(1)(a) If a petition to appoint a personal representative is not filed within four months after the filing of a simple estate affidavit, then after the completion of the four-month period described in ORS 114.540, after all unsecured creditors of the estate have been paid to the extent of the property of the estate and before the completion of the two-year period established in ORS 114.550, the affiant shall transfer the interest of the decedent in remaining property or proceeds of property described in the affidavit to the person or persons shown by the affidavit to be entitled to the property, and any other claims against the property are barred, except: (A) As otherwise provided in this section and ORS 114.540, 114.542, 114.545 and 114.550; and (B) For the purposes of a surviving spouse’s claim for an elective share in the manner provided by ORS 114.600 to 114.725.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
§ 114.520Authorization from State Treasurer required for filing of affidavit by creditor if decedent dies intestate and without heirs; rulesIn force
(1) If a decedent dies intestate and without heirs, a creditor of an estate who is a claiming successor may not file a simple estate affidavit unless the creditor has received written authorization from the State Treasurer. Except as provided by rule adopted by the State Treasurer, the State Treasurer shall consent to the filing of a simple estate affidavit by a creditor only if it appears after investigation that the estate is insolvent. (2) A creditor of an estate who is subject to subsection (1) of this section may give written notice to the State Treasurer informing the State Treasurer that the creditor intends to file a simple estate affidavit. Upon receiving the notice permitted by this subsection, the State Treasurer shall investigate the assets and liabilities of the estate. Within 30 days after receiving the notice required by this subsection, the State Treasurer shall either: (a) Give written authorization to the creditor for the filing of a simple estate affidavit by the creditor; or (b) Inform the creditor that the State Treasurer will file a simple estate affidavit as claiming successor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Oregon Revised Statutes, Chapter 708A: Regulation of Institutions Generally
§ 708A.430Disposition of deposit on death of depositorIn force
(1) On the death of a depositor of an insured institution, if the deposit is $25,000 or less, the insured institution, after receiving an affidavit as provided in subsection (3) of this section from a person that claims the deposit, or a declaration from the Department of Human Services or the Oregon Health Authority as provided in subsection (4) of this section, may pay the moneys on deposit to the credit of the deceased depositor, in the following order of priority, to: (a) The surviving spouse at the surviving spouse’s demand at any time after the depositor’s death; (b) The Oregon Health Authority or the Department of Human Services, if the authority or the department demands the payment not less than 46 days and no more than 75 days after the death of the depositor if the depositor does not have a surviving spouse and if the authority or department has a preferred claim under ORS 411.708, 411.795 or 416.350; (c) The depositor’s surviving children 18 years of age or older, if the depositor does not have a surviving spouse and the authority and department do not have a claim; (d) The depositor’s surviving parent, if the depositor does not have a surviving…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Oregon Revised Statutes, Chapter 723: Credit Unions
§ 723.466Disposition of deposit on death of depositorIn force
(1) On the death of a member of a credit union, if the deposit to the credit of the deceased member is $25,000 or less, the credit union may, upon receipt of an affidavit from a person claiming the deposit as provided in subsection (3) of this section, or a declaration from the Department of Human Services or the Oregon Health Authority as provided in subsection (4) of this section, pay the moneys on deposit: (a) To the surviving spouse on demand of the surviving spouse at any time after the death of the member; (b) If there is no surviving spouse, to the Oregon Health Authority or the Department of Human Services, on demand of the authority or the department no less than 46 days and no more than 75 days after the death of the member when there is a preferred claim arising under ORS 411.708, 411.795 or 416.350; (c) If there is no surviving spouse and no authority or department claim, to the member’s surviving children 18 years of age or older; (d) If there is no surviving spouse, authority claim, department claim or surviving child 18 years of age or older, to the member’s surviving parents; (e) If there is no surviving spouse, authority claim, department…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Oregon Revised Statutes, Chapter 803: Vehicle Title and Registration
§ 803.094Release or assignment of title interest; rules; when and by whom required; exceptionsIn force
(1) Except as otherwise provided in this section, upon the transfer of any interest shown on an Oregon title any person whose interest is released, terminated, assigned or transferred, shall release or assign that interest in a manner specified by the Department of Transportation by rule. Rules adopted for purposes of this subsection shall be designed, as much as possible, to protect the interests of all parties to the transfer. If required under ORS 803.102, the person shall also complete an odometer disclosure statement.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Oregon Revised Statutes, Chapter 652: Hours; Wages; Wage Claims; Records
§ 652.190Payment of wages to surviving spouse or dependent childrenIn force
All wages earned by an employee, not exceeding $10,000, shall, upon the employee’s death, become due and payable to the employee’s surviving spouse, or if there is no surviving spouse, the dependent children, or their guardians or the conservators of their estates, in equal shares, to the same extent as if the wages had been earned by such surviving spouse or dependent children. As used in this section, “wages” means compensation of employees based on time worked or output of production and includes every form of remuneration payable for a given period to an individual for personal services. [Amended by 1971 c.448 §1; 1981 c.594 §1; 1997 c.52 §1]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
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Sources and References
- ORS Chapter 114 (2025 Edition), including ORS 114.505 to 114.560, Simple Estates(oregonlegislature.gov).gov
- Oregon Judicial Department, Simple Estate Affidavit with Instructions (Jun 2026)(courts.oregon.gov).gov
- ORS Chapter 21, ORS 21.145 simple proceeding filing fee(oregonlegislature.gov).gov
- Oregon DMV, Chapter G handbook (inheritance and estates)(oregon.gov).gov
- Oregon DMV Form 735-516, Inheritance Affidavit(oregon.gov).gov
- ORS Chapter 652, ORS 652.190 wages of deceased employee(oregonlegislature.gov).gov
- Oregon State Treasury, Unclaimed Property: Estates(oregon.gov).gov
- ORS Chapter 708A, ORS 708A.430 payment of small deposits on death(oregonlegislature.gov).gov
- Oregon Law Commission, Simple Estate Affidavit Criteria Work Group meeting notes (June 30, 2026)(law-olc.uoregon.edu)
- ORS 723.466, Disposition of deposit on death of credit union member(www.oregonlegislature.gov).gov
- ORS 166.435, Firearm transfers(www.oregonlegislature.gov).gov
- Oregon DMV Form 735-6797, Simple Estate Certification(www.oregon.gov).gov
- Oregon Laws 2025, chapter 342 (SB 15), simple estates(www.oregonlegislature.gov).gov
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