Lane County probate court Guide

Oregon's simplified route, and it is NOT called a small estate affidavit: 2023 Oregon Laws chapter 17 renamed it the SIMPLE ESTATE AFFIDAVIT. Two things make it unlike most states' versions. It REACHES REAL PROPERTY, so a house can pass this way, and it is FILED WITH THE COURT rather than presented to a bank. It has two separate caps and both must hold: not more than $75,000 of fair market value in personal property other than manufactured homes, and not more than $200,000 in real property and manufactured homes combined. A manufactured home counts against the property cap, not the personal-property cap. Values are measured WITHOUT any reduction for mortgages, liens or other debts, so a heavily mortgaged house counts at its full value and equity intuition will lead a reader to over-qualify. A will does not close this route: ORS 114.510(1)(b) is an express testate alternative.

• At least 30 days must have passed since the death (ORS 114.515(3))
• The filer is a claiming successor, a person named as personal representative in the will, or the state where public assistance may be recoverable (ORS 114.515(1))
• The filer is not disqualified under ORS 113.095 and has no felony conviction in Oregon or elsewhere (ORS 114.515(2))
• The affidavit contains everything ORS 114.525 requires, including the ORS 114.535 notice of the duty to pay debt or turn over property, in at least 14-point bold type
• A $124 filing fee under ORS 21.145 as applied by ORS 114.515(5); an amended affidavit is free

Qualifies:

$75,000 in personal property other than manufactured homes, AND $200,000 in combined real property and manufactured homes. Both caps must hold (ORS 114.510(1)(a)). There is no single $275,000 figure in Oregon law.

Filing fee:

$124

source

Typical duration:

5-6 months

Attorney:

not required by law, though many families use one

Cite ORS 114.510 for the figures and ORS 114.515 for the procedure; the dollar amounts appear nowhere in 114.515. The current two-cap text governs estates of decedents dying on or after January 1, 2026. For an earlier death the prior text applies, under which a manufactured home counted against the personal-property cap instead. The dollar figures themselves did not move. A creditor may present a claim to the affiant within four months after the affidavit is filed (ORS 114.540(1)(a)); there is no publication on this route.

The ordinary Oregon probate. Someone petitions the Lane Circuit Court to appoint a personal representative and, where there is a will, to probate it. Letters issue, and the personal representative then gives information to the heirs and devisees, notifies the Department of Human Services and the Oregon Health Authority within 30 days, publishes one notice to interested persons, searches for creditors, files an inventory within 90 days, and closes with a final account and a judgment of final distribution. Oregon uses PERSONAL REPRESENTATIVE for both an executor named in a will and an administrator appointed where there is none.

• Petition for appointment of a personal representative and probate of the will (ORS 113.035)
• Bond, unless it is excused under ORS 113.105(2)
• Information to devisees, heirs and interested persons on appointment (ORS 113.145(1))
• Notice to the Department of Human Services and the Oregon Health Authority, with a copy of the death record, within 30 days of appointment (ORS 113.145(6))
• One publication of notice to interested persons (ORS 113.155)
• Inventory within 90 days of appointment (ORS 113.165)
• Final account and petition for distribution, with 20 days' notice of the objection date (ORS 116.093)

Qualifies:

No dollar limit. This is the ordinary route wherever the simple estate affidavit does not fit.

Typical duration:

9-18 months

Attorney:

not required by law, though many families use one

The filing fee is $278, $591, $882 or $1,176 depending on what the estate is worth, and each accounting costs again on the same bands.

An interested person or the person nominated in the will petitions for appointment of a personal representative and for probate of the will (ORS 113.035). The court appoints a qualified and suitable person in the ORS 113.085 preference order, letters issue, and the personal representative gives information to heirs and devisees, publishes notice to interested persons once, notifies the Department of Human Services and the Oregon Health Authority within 30 days, searches for creditors over three months, files an inventory within 90 days, and closes with a final account and a judgment of final distribution.

• Petition under ORS 113.035 in a county with venue under ORS 113.015
• Bond unless excused under ORS 113.105(2)
• Information to devisees, heirs and interested persons upon appointment (ORS 113.145(1))
• Notice to DHS and OHA with a copy of the death record within 30 days of appointment (ORS 113.145(6))
• Publication of notice to interested persons once (ORS 113.155)
• Inventory within 90 days of appointment (ORS 113.165)
• Final account and petition for distribution, with 20 days' notice of the objection date (ORS 116.093)

Qualifies:

No dollar threshold. This is the ordinary route wherever the simple estate affidavit is unavailable or unsuitable.

Attorney:

not required by law, though many families use one

Oregon's simplified route, filed with the clerk of the probate court rather than administered out of court. It reaches BOTH real and personal property, which is unusual, and it puts manufactured homes with real property. The affiant is a fiduciary under ORS 114.545 with a duty to administer, preserve, settle and distribute the estate.

• At least 30 days must have passed since the death (ORS 114.515(3))
• The filer must be a claiming successor, a person named as personal representative in the will, or the state where assistance may be recoverable (ORS 114.515(1))
• The filer must not be disqualified under ORS 113.095 and must not have a felony conviction in Oregon or elsewhere (ORS 114.515(2))
• The affidavit must contain the information required by ORS 114.525, including the ORS 114.535 notice of duty to pay debt or turn over property in at least 14-point bold type
• A $124 fee under ORS 21.145 as applied by ORS 114.515(5)

Qualifies:

TWO CAPS THAT MUST BOTH HOLD: not more than $75,000 of the fair market value attributable to personal property other than manufactured homes, AND not more than $200,000 attributable to the combined fair market value of real property and manufactured homes. There is no $275,000 aggregate figure in current law.

Attorney:

not required by law, though many families use one

Oregon's fast exit for a small estate with a dependent family. After the four months run, the court may order that the whole estate, after claims, taxes and expenses of administration, be set apart for support. There is then no further proceeding and the estate is summarily closed.

• A personal representative must already have been appointed and notice published, because the four months run from publication
• Reasonable provision for support must warrant setting apart the whole estate

Qualifies:

No dollar threshold. The gate is that reasonable provision for the support of the surviving spouse and dependent children WARRANTS setting the whole estate apart, and that four months have run from the date of publication of notice to interested persons.

Attorney:

not required by law, though many families use one

Not a court proceeding at all. Where a deposit is $25,000 or less, an insured institution (ORS 708A.430) or a credit union (ORS 723.466) may pay it on an affidavit to a statutory priority list: the surviving spouse at any time; then the Oregon Health Authority or the Department of Human Services where they hold a preferred claim and demand between 46 and 75 days after the death; then adult children, a surviving parent, adult siblings, and any other heir. ORS 708A.430(7) says in terms that a probate proceeding is not necessary.

• An affidavit meeting ORS 708A.430(3), or an ORS 708A.430(4) declaration from DHS or OHA
• For anyone other than the surviving spouse, no payment earlier than 46 days after the death, and none earlier than 76 days without prior authorization from OHA and DHS

Qualifies:

A deposit of $25,000 or less at the institution

Attorney:

not required by law, though many families use one

Oregon enacted the Uniform Real Property Transfer on Death Act at ORS 93.948 to 93.979 (2011 Or. Laws ch. 212). The deed is revocable whatever it says, is nontestamentary, and takes effect only at death. A statutory form is provided at ORS 93.975.

• The essential elements and formalities of a properly recordable inter vivos deed
• A statement that the transfer to the designated beneficiary is to occur at the transferor's death
• The designated beneficiary identified BY NAME; a designation identifying beneficiaries only as members of a class is void
• RECORDED BEFORE THE TRANSFEROR'S DEATH in the deed records in the office of the county clerk for the county where the property is located

Qualifies:

Not applicable. A transfer on death deed recorded before the transferor's death passes the described real property at death without probate.

Attorney:

not required by law, though many families use one