Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Oregon, a year’s allowance allows a surviving spouse and minor children to retain certain personal property before the rest of the estate is distributed. Under Oregon Revised Statutes (ORS) 115.085, the personal representative must identify and reserve qualifying personal effects and household furnishings up to the statutory limit.
To properly claim a year’s allowance, you must list each item you intend to set aside. This requires two steps:
- File a complete estate inventory. ORS 115.075 mandates that within four months of appointment the personal representative must file an inventory listing all estate assets, including personal property, with descriptions and fair market values (ORS 115.075).
- File a year’s allowance petition or report. When requesting the allowance, submit a separate list of the items to be reserved under ORS 115.085. Include detailed descriptions, individual values, and a total value to demonstrate you stay within the statutory limit (ORS 115.085).
Why Listing Personal Property Matters
Itemizing assets ensures the court can verify that only qualifying items are claimed and that the total does not exceed the limit set by statute. Clear descriptions and accurate values reduce the risk of disputes with beneficiaries or the court.
Helpful Hints
- Begin inventory preparation immediately after appointment—gather receipts, photos, and appraisals.
- Use precise item descriptions (e.g., “42-inch LG LED TV, serial #12345”).
- Obtain professional appraisals for antiques, jewelry, and artwork.
- Check comparable sale prices online or at local dealers to confirm values.
- File both the inventory and year’s allowance petition within four months to comply with ORS 115.075 deadlines.
- Keep copies of all filings and valuations for your records and potential audits.