Oregon Simple Estate Affidavit Checker

Two separate caps, and one of them covers the house

Genuinely distinctive: under ORS 114.510(1)(a), Oregon sets two separate flat caps rather than one combined figure: $75,000 for personal property (excluding manufactured homes), and $200,000 for the combined value of real property plus manufactured homes. Oregon is one of the few states whose simplified process can transfer real property at all.

No notary, just a sworn statement

No notary or witnesses are required — just a statement made under penalty of perjury, filed with the probate court clerk, who can acknowledge it without a hearing.

Full value, no deduction for debts

Both caps use full fair market value as of the date of death (or within 45 days of filing, if filed more than a year after death), with no deduction for liens or debts — a mortgaged house is measured at its full value, not its equity.

Every affected heir has to join a real property conveyance

Every heir or devisee with a stake in a specific parcel must join the conveyance before the affiant can sell or transfer it — a joinder requirement that applies specifically to the real property portion of the affidavit.

A 30-day wait, and exclusive jurisdiction once filed

The affidavit becomes available 30 days after death. Once filed, the small estate statutes take exclusive jurisdiction over claims against the estate, unless a personal representative is appointed within four months of the filing.

Oregon simple estate affidavit — frequently asked questions

What are Oregon's simple estate affidavit thresholds?

Two separate flat caps, not one combined figure: $75,000 for personal property excluding manufactured homes, and $200,000 for the combined value of real property plus manufactured homes, under ORS 114.510.

Is Oregon unusual in letting this affidavit reach real property?

Yes — Oregon is one of the few states whose simplified estate process can transfer real property at all, rather than limiting the shortcut to personal property the way most states do.

Does the affidavit need to be notarized?

No — no notary or witnesses are required, just a statement made under penalty of perjury, filed with the probate court clerk.

Who has to join the affidavit to transfer real property?

Every heir or devisee with a stake in a specific parcel must join the conveyance before the affiant can sell or transfer it, under ORS 114.547.

How long do I have to wait to use the simple estate affidavit?

At least 30 days after the date of death, valuing assets at full fair market value as of that date, with no deduction for liens or debts.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on ORS 114.505 to 114.560. Actual eligibility depends on the estate's full facts. Confirm with the probate court clerk or a licensed Oregon attorney before acting.