Detailed Answer
This FAQ explains how to prepare and submit an affidavit accounting for personal property in a small estate matter under Oregon law. It is written for someone with no legal background. This is general information only and not legal advice—consult an attorney for help with your specific situation.
What is a small estate affidavit in Oregon?
Oregon provides simplified procedures to collect certain personal property of a decedent without a full probate administration when the estate qualifies as a “small estate.” These procedures are set out in Oregon Revised Statutes, Chapter 114. See the text of Chapter 114 here: ORS Chapter 114 (Small Estates and Summary Administration). The statute describes when an affidavit may be used and what facts the affidavit must include.
Who may use the affidavit?
Generally, a person who is entitled to receive the decedent’s personal property (an heir, devisee under a will, or another person entitled by law) may use an affidavit procedure to collect personal property such as bank accounts, personal effects, or household goods. Certain assets—like real estate, assets held in joint tenancy, payable-on-death accounts, or property that requires a title transfer—may have different rules and may not be collectible by a small estate affidavit.
Key steps to submit an affidavit accounting for personal property
- Confirm eligibility. Before preparing an affidavit, check that the estate qualifies as a small estate under Oregon law. The statutory requirements and value limits can change; review ORS Chapter 114 or contact the circuit court clerk to confirm current eligibility rules: ORS Chapter 114.
- Identify what counts as “personal property.” Personal property typically includes bank accounts (non‑retirement), cash, personal effects, vehicles (may require DMV steps), and other movable items. Exclude real property and assets with beneficiary designations or joint ownership that already transfer by operation of law.
- Gather necessary documents. Typical documents to assemble: certified copy of the death certificate, decedent’s will (if any), account statements showing the property to be collected, photo ID for the affiant, and any proof of relationship or entitlement (e.g., beneficiary designation, marriage certificate).
- Prepare the affidavit. Oregon statute requires the affidavit to state certain facts. While the exact statutory wording matters, the affidavit should generally include:
- The decedent’s full name, date of death, and last Oregon county of residence.
- The affiant’s name, address, and relationship to the decedent (and why the affiant is entitled to the property).
- A description of the personal property to be collected and a reasonable estimate of its value.
- A statement that the total value of the decedent’s personal property subject to the affidavit meets the small-estate threshold under ORS Chapter 114 (state the threshold was checked and met).
- A statement that no personal representative has been appointed and no administration is pending, or if one is pending, that the court has authorized collection by affidavit.
- A statement under penalty of perjury that the facts in the affidavit are true and correct.
- Notarize the affidavit. The affidavit must be signed in front of a notary public or other authorized official so that the signature is sworn or affirmed.
- Decide where to file or present the affidavit. Options include:
- Presenting the notarized affidavit (and required documents, such as a death certificate) directly to the entity holding the property—e.g., a bank, brokerage, or custodian—which may release funds or property after reviewing the affidavit.
- Filing the affidavit with the circuit court in the county where the decedent lived, especially if the holder requests a court filing or if you want a court order authorizing collection. The Oregon Judicial Department lists probate forms and local filing instructions: OJD Probate Forms & Information.
Bear in mind that some institutions will accept an affidavit, while others require additional court involvement or a court order.
- Provide copies and keep records. Give the holder whatever supporting documents it requests (often a certified death certificate and photo ID). Keep copies of the affidavit and all supporting papers and document the date and person who accepted them.
- Wait for release and distribute property. After the holder accepts the affidavit, they may release property to the affiant. If multiple heirs share the property, follow the distribution rules agreed on by heirs or outlined in the will (or state law if no will). If a holder refuses release, you may need to seek a court order.
- Watch for creditor claims. Using a small estate affidavit does not eliminate creditor claims. Keep records of distributions and consult an attorney if creditors make claims against the estate.
Sample affidavit checklist (what to include)
- Caption identifying the document as an “Affidavit for Collection of Personal Property (Small Estate).”
- Decedent’s full legal name and date of death.
- County and state of last residence.
- Affiant’s full name, address, phone, and relationship to decedent.
- Description of each item or account to be collected, including account numbers and approximate values.
- Statement that the total value of personal property subject to the affidavit meets the small-estate limit under ORS Chapter 114.
- Statement that no personal representative has been appointed (or identify any appointment and court authorization).
- Signature block with notary acknowledgment or jurat.
When to file in court vs. present to the property holder
Many banks and other institutions will accept a properly completed, notarized small estate affidavit plus a death certificate and will release assets. Some institutions have internal policies that require a court-filed affidavit or a court order. If any party contests entitlement or the holder refuses to release property, file the affidavit or a petition in the circuit court for a formal order.
Where to find forms and additional guidance
Oregon circuit courts and the Oregon Judicial Department maintain probate forms and instructions. See OJD’s probate forms page for sample forms and filing information: OJD Probate Forms & Information. Also review ORS Chapter 114 for the statutory rules: ORS Chapter 114.
Helpful Hints
- Always check the current dollar thresholds and statutory language in ORS Chapter 114 before relying on a small estate affidavit—statutes and limits can change: ORS Chapter 114.
- Bring several certified copies of the death certificate; many banks require their own certified copy.
- If the property is held in a bank, contact the bank’s estate or fiduciary department first to learn its requirements.
- Include account numbers and clear descriptions to reduce delays.
- If multiple heirs exist, get written agreement about distribution to avoid disputes later.
- If you expect creditor claims or complex assets (real property, business interests, retirement accounts), consider consulting an attorney—these matters often require formal probate.
- Use the court clerk as a resource for local practice and filing requirements, but remember clerks cannot give legal advice.
- Keep a dated log of all communications and copies of everything you submit.
Final note / Disclaimer: This article explains general procedures under Oregon law but is not legal advice. For advice about a specific estate or to prepare documents for court filing, consult a licensed Oregon attorney.