Detailed answer — steps to determine whether a bank account qualifies

Oregon law allows people to collect certain kinds of a deceased person’s personal property without a full probate when the estate falls below the statutory small-estate threshold. To use that simplified process you must know the value of the decedent’s assets (including bank accounts) at the date of death and whether any accounts already pass outside probate (for example, joint accounts or payable-on-death (POD) designations).

Follow these steps to determine whether a particular bank account is under the small-estate limit:

1. Confirm the current statutory threshold.

   Statutes change. Before you rely on any dollar amount, check Oregon’s small estate statute (ORS Chapter 114) for the current limit and the forms/affidavit rules: ORS Chapter 114 (Small estates). If you prefer, call the county probate clerk for the most recent local practice.

2. Collect account records you already have.

   Gather the decedent’s most recent bank statements, online account logins (if available), check registers, and check images. These documents give a baseline balance and show pending transactions that affect the date-of-death balance.

3. Determine the balance as of the date of death.

   Banks usually freeze accounts when they learn of a death. The balance on the date of death—not a later rounded figure—controls whether the account fits the small-estate threshold. Two practical ways to get the date-of-death balance:

   • Use the last periodic statement and adjust for checks, debit card charges, automatic payments, and deposits that cleared or were pending on the date of death.
   • Ask the bank for an account ledger or written statement showing the balance on the date of death. Request this in writing (email or letter) so you have a record. Many banks will provide a dated, printed account history or “balance as of [date]” statement on request.
4. Confirm ownership and beneficiary status.

   Even if the balance is under the threshold, the account might not be subject to the small-estate affidavit if it already passes outside probate. Ask the bank:

   • Is the account held as sole-owner, joint tenants with rights of survivorship, or tenants in common?
   • Is there a POD/TOD designation, a trust owner, or other beneficiary?

   Joint accounts with right of survivorship and POD/TOD accounts typically transfer to the surviving owner/beneficiary directly and are not part of the probate/small-estate calculation.

5. Check whether other assets are included in the small-estate total.

   Small-estate rules usually apply to personal property (bank accounts, personal effects, small investments). Real estate generally does not qualify. Read ORS Chapter 114 and the statutes it references to learn what counts. If the estate has multiple small accounts or other personal property, add their date-of-death values together when comparing to the statutory limit.

6. Ask the bank what documentation they require for distribution under the small-estate procedure.

   Banks often have internal policies or forms beyond the statutory affidavit. Ask whether they will accept an Oregon small-estate affidavit (or their own affidavit), what identification and certified copies of the death certificate they need, and whether they charge hold or processing fees. Get responses in writing when possible.

7. If you can’t determine an exact balance, consider conservative planning.

   When in doubt, obtain a written balance statement from the bank or consult the county probate clerk or an attorney. If the estate’s value likely exceeds the statutory limit, you may need to open a probate estate or pursue a limited administration.

For the controlling law and the form of affidavit used in Oregon, review ORS Chapter 114: https://www.oregonlegislature.gov/bills_laws/ors/ors114.html.

Helpful hints — practical checklist and scripts

• Get several certified copies of the death certificate immediately; banks and government agencies often require them.
• Create an inventory: list every bank account, investment account, life insurance policy, vehicle, and valuable personal property. Note account numbers, branch names, and online access details.
• Call the bank’s probate or estates desk and use a concise script: “I am calling about account number XXXX for [decedent’s name]. The account holder recently died on [date]. Can you confirm whether the account has a POD or joint owner, and can you provide the balance as of the date of death in writing? What documentation will you require to release funds under Oregon’s small estate procedure?”
• Ask the bank for a dated written statement of the date-of-death balance or an account history report. Save emails and letters.
• Look for beneficiary designations on retirement accounts and life insurance—these pass outside probate and usually don’t count toward the small-estate total.
• Remember pending transactions: outstanding checks, debit holds, or automatic withdrawals reduce the date-of-death balance.
• If you find multiple small accounts, add them together before comparing to the statutory limit.
• If the bank refuses distribution under an affidavit even though the dollar limit appears satisfied, ask for the bank’s written reason and consult the county probate clerk or an attorney.

When to get help

If you struggle to identify or value assets, if ownership is unclear, or if the combined personal-property value approaches the statutory cap, consult the county probate clerk or a licensed Oregon attorney who handles probate and estate administration. Small differences in valuation, joint ownership, or unpaid debts can change which process you must use.