Oregon Small Estate Affidavit

Carrying the official name, “Affidavit of Claiming Successor,” the Oregon Small Estates Affidavit is a form that an heir, devisee, or creditor of the estate may lawfully take advantage so that they receive any personal or real property they are owed under Oregon’s Small Estate laws. An heir refers to a party who has legal grounds to the estate, despite the Decedent dying intestate (i.e., without a will). In contrast, a devisee refers to a party named in the Decedent’s will, if they died testate (i.e., with a will).

Useful Resources

The Oregon Judicial Branch provides an eleven-page resource called “Instructions for Filing Small Estates” that any individuals who wish to apply for a Small Estate Affidavit may reference.

Laws & Required Conditions

Laws: §§ 114.505 to 114.535

Maximum Estate Value: A combined total of $275,000—of which a maximum of $75,000 may be attributable to personal property, and a maximum of $200,000 may be attributable to real property.

Required Conditions:

  • The shortest period a person may wait before filing an Affidavit is thirty (30) days since the Decedent’s death,
  • The Affidavit must include certain pieces of information, as established by § 114.525, and
  • The heir, devisee, or creditor must pay any fees imposed by the probate court for filing the Affidavit.