Oregon Small Estate Affidavit

The Oregon Small Estate Affidavit, also known by the more official name of “Affidavit of Claiming Successor,” is a form that an heir, devisee, or creditor of an estate may lawfully take advantage of to collect any personal or real property that was owned by an individual at the time of their death. The form can only be used in situations in which the deceased owned no more than $275,000 worth of possessions (after subtracting debts and other liabilities).

An “heir” refers to a party who has legal grounds to the estate, despite the decedent dying intestate (without a will). In contrast, a “devisee” refers to a party named in the decedent’s will, if they died testate (with a will).

Useful Resources

The Oregon Judicial Branch provides an eleven-page resource called “Instructions for Filing Small Estates” that is very useful to those planning on, or currently in the midst of collecting an estate through the use of a small estate affidavit.

Laws & Required Conditions

Laws: §§ 114.505 to 114.535

Maximum Estate Value: A combined total of $275,000—of which a maximum of $75,000 may be attributable to personal property, and a maximum of $200,000 may be attributable to real property.

Required Conditions:

  • The shortest period a person may wait before filing an Affidavit is thirty (30) days since the decedent’s death.
  • The Affidavit must include certain pieces of information, as established by § 114.525.
  • The heir, devisee, or creditor must pay any fees imposed by the probate court for filing the affidavit.