Detailed Answer: Which assets to list on an Oregon small estate affidavit and which you can omit
Short answer: On an Oregon small estate affidavit, list the decedent’s sole-owned personal property (and any other property you intend to collect) that falls within the dollar threshold for the small estate procedure. Do not list assets that pass automatically to a named beneficiary or by right of survivorship, nor title to real property or trust assets unless Oregon law and the affidavit rules expressly allow it. Always record accurate values (date-of-death value) and do not put “zero” or leave items blank unless the true value is zero or the asset does not exist.
What the Oregon small estate affidavit covers (basic legal framework)
Oregon’s probate laws and small estate procedures are found in ORS chapter 114. That chapter explains when a simplified affidavit can be used to collect a decedent’s personal property without full probate. Read the statute chapter for the official rules: ORS Chapter 114 (Oregon). The small estate affidavit is a limited, statutory way to collect certain assets; it does not create new ownership rights — it only helps a person who is entitled to property under the statute to claim it.
Types of assets you generally should list
- Solely owned bank accounts or cash: Accounts titled only in the decedent’s name (no payable-on-death or beneficiary designation). List the account name, institution, last four digits, and balance as of date of death.
- Personal property and household items: Furniture, jewelry, electronics, art, collectibles that were solely owned by the decedent and you plan to collect or distribute.
- Motor vehicles titled solely in the decedent’s name: If a vehicle is only in the decedent’s name and you intend to transfer or collect it, list it. Note: DMV has separate title-transfer requirements — check the Oregon DMV rules before relying only on the small estate affidavit (Oregon DMV title transfer information).
- Accounts receivable or refunds: Final wages, vendor refunds, tax refunds payable to the decedent (if not otherwise payable to a beneficiary or estate representative).
Types of assets you should generally omit (do not list or put zero)
- Assets with a named beneficiary: Payable-on-death bank accounts, life insurance proceeds payable to a named beneficiary, retirement accounts (IRA, 401(k)) with designated beneficiaries — these pass outside probate and are not claimed through the small estate affidavit.
- Jointly owned property with rights of survivorship: Property titled as joint tenants or tenants by the entirety typically transfers automatically to the survivor. Do not list such assets as estate assets you will collect via affidavit unless title actually reverts to the estate.
- Trust property: Assets already held in a revocable or other trust pass under the trust terms and are not collected with a small estate affidavit.
- Real property (real estate): The small estate affidavit normally handles personal property, not real estate. Do not use the small estate affidavit to transfer real property unless the statute or a specific rule permits it.
- Assets exceeding statutory limits: If the total value of the property you seek to collect exceeds the small estate threshold under Oregon law, you cannot use the affidavit for those assets and must proceed with probate. Check ORS chapter 114 for thresholds and limits: ORS Chapter 114.
How to decide whether to list an asset or put zero/leave blank
- Confirm ownership and title: Who legally owned the asset at death? If the decedent was the sole owner and no beneficiary or joint owner exists, list it. If title or beneficiary language shows someone else gets it automatically, omit it.
- Check beneficiary designations and account agreements: Many financial accounts and some policies include beneficiary designations that override probate. Those should not be claimed on an affidavit.
- Value the asset correctly: Use the fair market value at date of death. Do not enter “zero” unless the asset truly had no value. If you lack information, obtain account statements, appraisals, or records before completing the affidavit.
- If you won’t claim an asset: If you know an asset exists but you will not collect it via the affidavit (for example, because a beneficiary claims it), do not list it. If an asset is unknown, don’t invent it — but take reasonable steps to locate possible assets (bank searches, mail review).
- When in doubt, disclose rather than conceal: If you are uncertain whether an item should be claimed, describe it in the affidavit and state its claimed status (e.g., “claimed under beneficiary designation” or “claimed by joint owner”). That transparency reduces the risk of disputes or liability for misstatement.
Practical legal limits and creditor considerations
Using the small estate affidavit does not eliminate creditor claims. In Oregon, the representative who collects assets may still have responsibility to notify creditors or follow procedures for claims against the estate. If you collect assets incorrectly or fail to follow notice rules, creditors or heirs may seek remedies.
When to get help
If the estate includes real property, complex assets (business interests, large retirement accounts), disputes among heirs, unclear title, or if total assets likely exceed the small estate limit, consult the county probate clerk or an attorney. The Oregon Judicial Department provides probate resources and forms: Oregon courts — Probate information.
Bottom line: List only the decedent’s personal property you are legally entitled to collect under Oregon law, record accurate date-of-death values, and omit assets that pass by beneficiary designation, joint tenancy, trust, or real property not covered by the small estate procedure. If you are uncertain about an item or the total value, check ORS chapter 114 and contact the court clerk or an attorney before filing.
Disclaimer: This article explains general Oregon procedures and is for educational purposes only. It is not legal advice. For guidance specific to your situation, consult the Oregon statutes linked above, your county probate clerk, or a licensed Oregon attorney.
Helpful Hints
- Start by collecting the decedent’s last statements for bank accounts, brokerage accounts, and credit cards — these show account title and balances.
- Look for beneficiary designations (life insurance, retirement plans, payable-on-death accounts) before listing accounts as estate property.
- Check vehicle titles and Oregon DMV rules if you plan to transfer a car — the DMV may require additional forms: Oregon DMV title transfer.
- Value items as of the date of death; if market value is uncertain, get an appraisal for high-value personal property.
- Do not put “zero” or leave boxes blank unless that is the truthful value; misstatements can create liability.
- Keep copies of the affidavit and all supporting documents (statements, title certificates, beneficiary forms) and note the date you present the affidavit to third parties.
- If the estate approaches the statutory small estate dollar limit or includes real property, stop and seek probate clerk advice or legal counsel.
- Use clear, specific descriptions (account numbers’ last four digits, vehicle VIN, make/model) to avoid confusion when presenting the affidavit to banks or other holders.
- Notify likely heirs and potential creditors as a best practice to reduce later disputes.