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Small Estate Affidavit Limits in Oregon

In Oregon, a simple estate affidavit can be filed with the probate court 30 days after the death if the estate has no more than $75,000 in personal property and $200,000 in real property.

Last checked . General information, not legal advice.

Oregon at a glance

Maximum estate value
$75,000 personal; $200,000 real
Separate caps: up to $75,000 personal property and up to $200,000 real property, valued without subtracting liens or debts.
Waiting period after death
30 days
Real estate can pass
Yes, up to $200,000
Real property up to $200,000 can be included; the affidavit is filed with the probate court clerk.

Sources

Last checked

The rules in Oregon

What is the maximum estate value for a small estate affidavit in Oregon?

Maximum estate value in Oregon: $75,000 personal; $200,000 real. Separate caps: up to $75,000 personal property and up to $200,000 real property, valued without subtracting liens or debts.

How long after the death must you wait to use a small estate affidavit in Oregon?

Waiting period after death in Oregon: 30 days.

Can real estate pass by small estate affidavit in Oregon?

Yes, up to $200,000. Real estate can pass in Oregon: yes, up to $200,000. Real property up to $200,000 can be included; the affidavit is filed with the probate court clerk.

Where do the Oregon small estate affidavit limits come from?

The rules above come from Or. Rev. Stat. 114.510 and Or. Rev. Stat. 114.515. Each source is linked on this page. We last checked them in October 2026.

Good to know

A 2023 law (2023 c.17) renamed the procedure from small estate affidavit to simple estate affidavit.

If the decedent had a will, additional property left to the trustee of the decedent's existing trust does not count toward the caps.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.