Oregon probate code · checked October 2026

Oregon Small Estate: The Limit, the Tracks, and the Form

For money and belongings, Oregon's affidavit limit is $75,000 — applied to the estate after the assets that pass automatically are taken out. Oregon's affidavit is one of the few that carries the house itself: real property (plus manufactured homes) up to $200,000, alongside personal property up to $75,000 — the two caps are independent and both must be met. The affidavit, where one exists, cannot be used until 30 days have passed since the death.

Run the free Oregon check

The Oregon line, in facts

The affidavit limit today: $75,000, judged by the law in force on the date of death.

The paper: Simple Estate Affidavit / Affidavit of Claiming Successor (ORS 114.515) - no statewide numbered form confirmed from the Oregon Judicial Department.

How it moves: filed with the court — a court paper, not an envelope.

The wait: 30 days after the death before the affidavit can be used.

For a surviving spouse: No different cap when the claimant is the surviving spouse.

The tracks in Oregon

Track	Limit	How it works
Small-estate affidavit	$75,000	Filed with the court. Form: Simple Estate Affidavit / Affidavit of Claiming Successor (ORS 114.515) - no statewide numbered form confirmed from the Oregon Judicial Department.
Real-property affidavit	$200,000	Its own affidavit for real property.

What catches families in Oregon

Values are fair market value WITHOUT subtracting liens or debts (ORS 114.510) — in Oregon, a large mortgage does not help an estate qualify, unlike almost everywhere else.
Despite the name 'affidavit', Oregon's simple-estate proceeding is COURT-FILED with the probate clerk — certified copies then do the collecting. The procedure was renamed 'simple estate' across the 2019–2025 amendments, so older guides describe the same door under 'small estate'.

Vehicles in Oregon

Vehicles count as personal property toward the $75,000 cap with no vehicle exclusion in ORS 114.510; manufactured homes instead count with real property toward the $200,000 cap.

Debts, and the signer's duty

No requirement that debts be paid before filing; the affidavit must disclose unpaid expenses and claims, and claims are barred unless presented within 4 months after the affidavit is filed (ORS 114.515, 114.540-114.555).

Rules checked October 2026 · Sources: ORS 114.510; ORS 114.515; ORS 93.948-93.985 (TOD deed). This page reads the published law; it is not legal advice, and the court is the final word.

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