What the rule says
Oregon provides a streamlined alternative to formal probate for small estates that covers both personal property AND real property — a feature not available in most states' affidavit procedures.
Under Or. Rev. Stat. § 114.515, a successor can use a small estate affidavit when:
- Personal property does not exceed $75,000 - Real property does not exceed $200,000 - Combined value: up to $275,000 - The decedent has been dead for at least 30 days - No application for the appointment of a personal representative has been filed
What this means in practice
Key practical points:
- Combined real + personal property threshold of $275,000 is among the most generous in the country. - Both real and personal property covered. Unlike most states' affidavit procedures (which only handle personal property), Oregon's framework allows real property to be transferred through the affidavit procedure. - 30-day waiting period. - Court filing required. The affidavit is filed with the probate court rather than just presented to property holders. - Joint property and beneficiary-designated assets are not counted.
How this fits with OR's other tools
Oregon offers several alternatives to formal probate:
- Small estate affidavit (§ 114.515): Up to $275,000 combined. - Summary administration: Limited streamlined procedure. - Formal probate: Court-supervised with appointed personal representative. - Transfer-on-death deed (Or. Rev. Stat. § 93.948 et seq.): Oregon recognizes TOD deeds.
What you can do about it
For a survivor of an Oregon decedent:
1. Calculate values for personal property and real property separately. 2. Wait 30 days from death. 3. File the small estate affidavit with the probate court. 4. Distribute property after court order or expiration of objection period.
Who this affects most
Oregon's small estate framework is most relevant for survivors of Oregon decedents with modest estates including real property. The combined $275,000 threshold makes it one of the most useful small-estate procedures in the country.