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Do I Need Probate in Oregon?

Unlike most states, a modest Oregon house doesn't automatically force full probate — it has its own separate cap to check.

ORS 114.510, 114.325

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Quick answer: personal property at or under $75,000 AND real property plus manufactured home at or under $200,000, 30 days passed — the simple estate affidavit, house included. Either cap exceeded — full probate. Check your own numbers with the Oregon simple estate affidavit checker.

Oregon is genuinely unusual here

Worth knowing: most states' small estate shortcuts exclude real property entirely, but Oregon's simple estate affidavit covers personal property up to $75,000 and real property up to $200,000 — a significant advantage for families with a modest home, letting them avoid the cost and delay of full probate for the house itself.

A house over $200,000 still needs probate

When the real property (plus any manufactured home) exceeds $200,000, formal probate is typically required for that property, even if the estate's personal property comfortably fits under its own separate $75,000 cap.

A transfer-on-death deed skips the question entirely

Oregon recognizes transfer-on-death deeds, letting real property pass directly to a named beneficiary at the owner's death without probate or the simple estate affidavit process coming into play at all.

What skips probate before any threshold matters

Property in a revocable trust, jointly held property carrying survivorship rights, transfer-on-death deed property, and accounts or policies with a named beneficiary all pass outside of probate entirely.

The decision, in order

  1. Is the asset in a trust, jointly held with survivorship, a TOD deed, or has a named beneficiary? → Skips probate entirely.
  2. Personal property at or under $75,000 AND real property/manufactured home at or under $200,000, 30 days passed? → Simple estate affidavit.
  3. Either cap exceeded → Full probate.
Facing probate in Oregon?

A local probate attorney can review your estate — many offer a free consultation.

Talk to an Oregon attorney

Whichever track applies, filing happens with the probate court clerk in the county where the decedent lived — Multnomah, Washington, and Clackamas County among the busiest.

Do I need probate — frequently asked questions

Can an Oregon house avoid probate through the small estate process even though most states exclude real estate?

Yes — Oregon sets a separate $200,000 cap for real property plus manufactured homes, distinct from the $75,000 personal property cap, making it one of the few states where the small estate shortcut reaches the house itself.

What if the house alone is worth more than $200,000?

Formal probate is typically required for that real property, even if the personal property portion of the estate would otherwise fit comfortably under its own $75,000 cap.

Does a transfer-on-death deed avoid the whole question?

Yes — Oregon recognizes transfer-on-death deeds, letting real property pass directly to a named beneficiary at death without probate or the simple estate affidavit process at all.

What assets skip Oregon probate regardless of these thresholds?

Property in a revocable trust, jointly held property with survivorship rights, transfer-on-death deed property, and accounts or policies with a named beneficiary all pass outside of probate entirely.

Keep going

Oregon Simple Estate Affidavit CheckerDoes this estate qualify? Oregon Simple Estate: How-ToFiling the affidavit, step by step Transferring a Car in Oregon Without ProbateUsing the DMV's own process Oregon Probate Real Estate Sale CalculatorIf the estate's house needs selling

This page provides general guidance only and is not legal advice. Based on ORS 114.510, 114.325. Actual requirements depend on the estate's full facts. Confirm with the probate court clerk or a licensed Oregon attorney before acting.