Oregon Small Estate Alternatives to Probate
Simplified probate procedures for smaller estates in Oregon — summary distribution, affidavits, and when full probate is still required.
Oregon's small estate option
| Requirement | Details | |
|---|---|---|
| Procedure name | simple estate affidavit §114.510 | |
| Estate value threshold | Must be under No more than $75,000 of the estate's fair market value in personal property other than manufactured homes, and no more than $200,000 in real property and manufactured homes combined §114.510 | |
| Additional requirements | A simple estate affidavit may not be filed until 30 days after the decedent's death. The procedure allows collection of estate property without full probate when no more than $75,000 of the estate's fair market value is attributable to personal property other than manufactured homes and no more than $200,000 is attributable to real property and manufactured homes combined. §114.510 |
Oregon allows simple estate affidavit for qualifying estates. The threshold is No more than $75,000 of the estate's fair market value in personal property other than manufactured homes, and no more than $200,000 in real property and manufactured homes combined. A simple estate affidavit may not be filed until 30 days after the decedent's death. The procedure allows collection of estate property without full probate when no more than $75,000 of the estate's fair market value is attributable to personal property other than manufactured homes and no more than $200,000 is attributable to real property and manufactured homes combined.
When full probate is still required
Even a small estate may need full administration if:
- There is real property titled solely in the decedent's name (in states where the simplified process covers personal property only)
- There is a dispute among heirs about who inherits
- There are contested Creditor claims
- The value exceeds the small-estate threshold once all assets are properly valued
How the simplified process works
- An heir or person entitled to the property prepares an affidavit (sworn statement) attesting to their right to receive the assets
- The affidavit is presented to whoever holds the property (bank, employer, insurance company, etc.)
- The holder is authorized to release the property based on the affidavit
- No court appointment of a Personal representative is needed
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.