Oregon Simple Estate Affidavit: How-To

Quick answer: once 30 days have passed and both caps are met — $75,000 personal property, $200,000 real property plus manufactured home — file the sworn affidavit with the probate court clerk. Check whether an estate qualifies with the Oregon simple estate affidavit checker.

Step by step

Wait 30 days from the date of death.
Total the personal property, excluding manufactured homes, against the $75,000 cap.
Total real property plus any manufactured home against the separate $200,000 cap.
Identify every heir or devisee with a stake in any specific real property parcel.
Prepare the sworn affidavit, no notary or witnesses required.
File it with the probate court clerk, who can acknowledge it without a hearing.
Get every affected heir or devisee to join before conveying real property.

Exceeding the limits redirects the estate, doesn't just amend the filing

Worth knowing: if the estate's value, including the contents of a safe deposit box, exceeds the ORS 114.510 limits, the affiant may not file an amended simple estate affidavit — instead, notice must go to the court that the estate isn't subject to these statutes, and the box's lessor delivers its contents to the personal representative.

Some transfers can happen before the claims window closes

Before the four-month claims period is up, the affiant may still transfer certain property as allowed under ORS 114.545(1)(e) and (f), alongside the ordinary duty to pay any taxes owed on the estate.

Accountability doesn't end at filing

The affiant and any other claiming successor remain accountable for the estate's claims — filing the affidavit and transferring property doesn't close out that responsibility automatically.

Facing probate in Oregon?

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

Talk to an Oregon attorney

Multnomah, Washington, and Clackamas County each process this affidavit through their own probate court clerk, but the $75,000 and $200,000 caps apply identically statewide.

How-to — frequently asked questions

What happens if the estate turns out to exceed the thresholds after filing?

The affiant may not simply file an amended affidavit — if the value exceeds the ORS 114.510 limits, the affiant must file notice with the court that the estate isn't subject to the simple estate statutes, redirecting the estate toward full probate instead.

Can the affiant transfer property before the four-month claims window closes?

Yes, in limited situations — ORS 114.545(1)(e) and (f) allow certain transfers before the four months is up, alongside the ordinary duty to pay any taxes owed.

Who is accountable once the affidavit is filed and property is transferred?

The affiant and any other claiming successor remain accountable — filing the affidavit doesn't end their responsibility for handling claims against the estate correctly.

What happens to a safe deposit box if the estate exceeds the limits?

If including the box's contents pushes the estate over the ORS 114.510 limits, the affiant must file notice with the court and serve the box's lessor, who then delivers the contents to the personal representative instead.

This page provides general guidance only and is not legal advice. Based on ORS 114.505 to 114.560. Confirm current requirements with the probate court clerk or a licensed Oregon attorney before acting.