What Is a Small Estate Affidavit in Oregon?
Under Oregon law (ORS 114.505–114.565), a small estate affidavit lets certain heirs or beneficiaries collect a decedent’s personal property without full probate when the net estate value does not exceed the statutory limit (currently $275,000). This streamlined process saves time and expense.
Documents Required to File a Small Estate Affidavit
- Certified Death Certificate: Obtain a certified copy of the decedent’s death certificate as required by ORS 411.055. Financial institutions will demand this official proof of death.
- Small Estate Affidavit Form: Draft an affidavit that includes:
- Affiant’s name, address, and relationship to the decedent.
- Decedent’s full name, date of death, and last residence.
- Statement that no personal representative has been appointed or that any limited administration has closed for at least 45 days (ORS 114.525).
- Description and fair market value of each asset claimed.
- Names and addresses of all heirs or devisees entitled to distribution.
- Copy of the Last Will and Testament (if any): Include a copy of the decedent’s will to identify devisees. If the decedent died intestate, state that fact in the affidavit.
- Affidavit of Relationship: Provide a sworn statement or affidavit verifying the relationship between the decedent and each heir or beneficiary.
- Proof of Identity: Present a government-issued photo ID (e.g., driver’s license or passport) when collecting assets.
- Supporting Financial Statements: Gather recent account statements or documentation to confirm asset values at the date of death.
- Notice to Heirs: Within two business days after filing, deliver a copy of the filed affidavit to each person entitled to distribution (ORS 114.535).
- Release or Receipt Forms: Sign any release or receipt forms required by banks, brokers, or insurance companies when they disburse funds or deliver property.
- Real Property Transfer Documents (if applicable): If the estate includes real property, use the Real Property Affidavit per ORS 114.610. Attach copies of the deed, tax statements, and legal description of the property.
Step-by-Step Filing Checklist
- Confirm the estate’s total net value does not exceed $275,000.
- Assemble all required documents and complete the Small Estate Affidavit form accurately.
- File the affidavit with the probate court clerk in the county where the decedent resided.
- Serve copies on all heirs and beneficiaries within the statutory deadline.
- Present the filed affidavit and your ID to each institution holding estate assets.
- Collect and distribute assets according to Oregon’s intestacy rules or the decedent’s will.
Disclaimer
This article provides general information about Oregon’s small estate affidavit process. It does not constitute legal advice. Please consult a licensed attorney for guidance specific to your situation.
Helpful Hints
- Check each institution’s specific requirements before filing.
- Keep certified copies of all submitted documents.
- Verify heir relationships with reliable records to avoid disputes.
- Track notice and filing deadlines carefully.
- Review the Oregon Revised Statutes for any updates to thresholds or procedures.