The Oregon small estate affidavit PDF is published by the Oregon Judicial Department on its probate forms page. Search the site for “Probate Simple Estate” and you’ll find the current version, or pick up a printed copy at any circuit court clerk’s office. Use the court-approved form rather than a template from a legal document website, because Oregon circuit courts expect the standardized format and may reject filings that don’t match. Individual county circuit court pages also link to the same PDF.
Getting the form is the easy part. Before you fill anything in, confirm the estate qualifies, wait out the mandatory 30 days after death, and understand what you’re agreeing to when you sign.
Does the Estate Qualify
Oregon’s simple estate process only works if the estate stays under two separate value caps.1Oregon State Legislature. Oregon Code 114.510 – Simple Estate Criteria Personal property (bank accounts, vehicles, household goods) cannot exceed $75,000 in fair market value. Real property (land and buildings) cannot exceed $200,000 in fair market value. Both limits have to be satisfied independently. An estate with $50,000 in personal property and $210,000 in real property fails, even though the combined total is only $260,000.
Fair market value means the full value of the property on the date of death, with no reduction for mortgages, liens, or other debts.1Oregon State Legislature. Oregon Code 114.510 – Simple Estate Criteria A house worth $195,000 with a $150,000 mortgage still counts as $195,000 against the real property cap. This trips people up more than anything else in the eligibility analysis. If the estate exceeds either limit, you’ll need full probate instead.
Who Can File and When
Oregon law limits filing to three categories of people.2Oregon State Legislature. Oregon Code 114.515 – Simple Estate Affidavit A “claiming successor” — meaning an heir who inherits by law or a devisee named in the will — can file. If the will names a personal representative, that person can file. And the Director of Human Services or the Oregon Health Authority can file when the deceased received public assistance and the state may have a recovery claim.
You cannot file until at least 30 days after the date of death. Creditors who want to file must wait 60 days.2Oregon State Legislature. Oregon Code 114.515 – Simple Estate Affidavit Filing before the 30-day mark will get you rejected.
What the PDF Asks For
ORS 114.525 lists roughly 20 items the affidavit has to cover. Have this information ready before you sit down with the form.
For the deceased: full name, age, home address, the last four digits of the Social Security number, and the date and place of death. You’ll file a certified copy of the death record as a confidential document with the affidavit.3Oregon State Legislature. Oregon Code 114.525 – Content of Affidavit
For assets: every item in the estate described and valued at fair market value as of the date of death. Real property needs a full legal description, not just a street address. For bank accounts, list the institution and account type. For vehicles, include make, model, year, and estimated value.
For people entitled to inherit: every heir with a last known address, and if there’s a will, every devisee with a last known address. The affidavit must state that you will mail or deliver a copy of the filed affidavit and the death record to each of these people, and to the Department of Human Services or Oregon Health Authority as those agencies prescribe by rule.3Oregon State Legislature. Oregon Code 114.525 – Content of Affidavit That last requirement lets the state check whether the deceased owed anything for publicly funded care.
You’ll also list a mailing address for creditors to send claims. An email address or fax number for claim submission is optional.
Signing and Filing
You sign under penalty of perjury, meaning knowingly false information can carry criminal consequences. Two options for witnessing the signature: take the form to a notary public, or bring it to the circuit court clerk with valid photo ID and have the clerk acknowledge your signature there.2Oregon State Legislature. Oregon Code 114.515 – Simple Estate Affidavit The clerk option saves a step if you’re already heading to the courthouse.
File in any county where the deceased lived, died, or owned property at the time of death or at the time of filing.2Oregon State Legislature. Oregon Code 114.515 – Simple Estate Affidavit You can submit in person or by mail. The filing fee is $124 under the 2026 Oregon Circuit Court fee schedule.4Oregon Judicial Department. Circuit Court Fee Schedule If you later need to file an amended affidavit to correct errors or update information, there’s no additional fee. By comparison, opening a full probate costs $278 for estates under $50,000 and $591 for estates between $50,000 and $1 million.
The clerk assigns a case number once the affidavit and fee are received. Ask for several certified copies at the same time. Banks, title companies, and the DMV will want to see one before releasing assets or transferring titles.
What You Owe the Estate After Filing
Filing makes you a fiduciary, with a legal duty to manage the estate honestly and efficiently for everyone entitled to a share.5Oregon State Legislature. Oregon Code 114.545 – Affiant as Fiduciary These obligations aren’t optional.
Within 30 days of filing, mail or deliver every document the affidavit says you’ll send.5Oregon State Legislature. Oregon Code 114.545 – Affiant as Fiduciary Each heir gets a copy of the filed affidavit and the will if there is one. Each devisee gets the same. The Department of Human Services or Oregon Health Authority gets a copy of the affidavit and the death record.
Notify the Social Security Administration if the deceased was receiving benefits and a funeral home hasn’t already reported the death. Call 1-800-772-1213.6Social Security Administration. What To Do When Someone Dies Payments deposited after the date of death have to be returned, so acting fast prevents a bigger clawback later.
The Four-Month Creditor Window
Creditors have four months from the filing date to present claims to you. Claims must be mailed or delivered to the address you listed in the affidavit for that purpose; a creditor who files with the court instead has not properly presented a claim.7Oregon State Legislature. Oregon Code 114.540 – Procedure for Claims
If a creditor submits a claim that wasn’t listed in the affidavit, you have 60 days to disallow it in writing. Miss that window and the claim is automatically treated as allowed.7Oregon State Legislature. Oregon Code 114.540 – Procedure for Claims Ignoring a creditor’s letter for two months doesn’t make the debt disappear; it makes the debt enforceable. When you disallow a claim, state the reason and tell the creditor they can petition the court for a summary determination within 30 days.
You pay valid debts and expenses from estate funds in the priority order set by ORS 115.125, starting with funeral and burial costs. You cannot distribute anything to heirs until the four-month creditor window closes and all valid claims are resolved.5Oregon State Legislature. Oregon Code 114.545 – Affiant as Fiduciary
Transferring the Property
After the four-month period passes and no one has filed a petition to appoint a personal representative, transfer the remaining property to the people the affidavit identifies as entitled to it. This has to happen before the two-year period following the filing expires.8Oregon State Legislature. Oregon Revised Statutes Chapter 114 – Administration of Estates Generally For personal property, the certified copy of the filed affidavit is usually what the institution or agency needs.
For real property, execute and record a bargain and sale deed in the county where the property sits, conveying it to the person entitled to inherit.8Oregon State Legislature. Oregon Revised Statutes Chapter 114 – Administration of Estates Generally Transfers remain subject to existing liens and encumbrances, and creditors’ rights continue until the two-year window closes. A surviving spouse can also assert an elective share claim during that period.
Personal Liability
Signing the affidavit puts your own finances on the line. Any claiming successor or heir who believes you mismanaged the estate can petition the court for a summary review within two years of the filing date.8Oregon State Legislature. Oregon Revised Statutes Chapter 114 – Administration of Estates Generally The court can remove you as affiant, surcharge you personally for losses the estate suffered, and compel you to distribute property you’ve been holding.
Common mistakes that trigger liability: paying one heir before the creditor window closes, ignoring creditor claims until they’re automatically allowed, distributing property that should have gone to a higher-priority claimant, and undervaluing assets to squeeze under the eligibility caps. Because the affidavit is signed under penalty of perjury, intentional misrepresentation carries additional legal risk beyond civil liability.