Oregon’s Small Estate Affidavit – A Faster, Simpler Path Through Probate
If someone you love passes away in Oregon and their estate is modest, you may be able to skip formal probate entirely. The state offers a shortcut called the Small Estate Affidavit, and for families trying to settle affairs quickly and affordably, it can make a real difference.
At Track Town Law, I help clients evaluate whether this option is available—and whether it’s wise. Here’s how it works, who qualifies, and what to watch out for.
What Is the Small Estate Affidavit?
The Small Estate Affidavit is Oregon’s streamlined alternative to formal probate. It’s designed for estates with relatively low value and no complex legal disputes. Rather than opening a full case with months of court oversight, the affiant (person filing) submits a sworn statement that details all assets, debts, heirs, and intended distributions.
If accepted, the affidavit gives the affiant authority to transfer title to property, access financial accounts, and settle the estate without direct court supervision.
Who Qualifies?
As of 2024, an estate may qualify if it meets all of the following criteria:
Gross estate value is $275,000 or less
No more than $200,000 in real property
No more than $75,000 in personal property
The decedent died without a pending probate case
At least 30 days have passed since death
The affidavit is filed in the county where the decedent lived at the time of death
The estate value includes all assets owned in the decedent’s name without a beneficiary or joint owner. Life insurance or retirement accounts with valid beneficiary designations do not count toward the total.
What’s Included in the Filing?
To file a Small Estate Affidavit, you’ll need:
The original will, if one exists
A certified death certificate
A completed affidavit (Form 113.05) signed under penalty of perjury
An asset list with fair market values as of the date of death
A list of heirs and devisees, with current addresses
A detailed list of known debts and liabilities
The affidavit is filed with the probate court clerk, not the judge, and there’s no hearing unless someone challenges the filing. The filing fee is typically under $200—much lower than formal probate.
What Can the Affiant Do?
Once accepted, the affiant has authority to:
Transfer vehicle titles through the Oregon DMV
Record deeds to real property
Access bank accounts in the decedent’s name
Pay valid debts in statutory order
Distribute assets as specified in the will (or by intestacy law if there is no will)
The affiant must also send copies of the affidavit to all known heirs, devisees, and creditors. If new assets are discovered after filing, an amended affidavit must be submitted.
Why Use the Small Estate Affidavit?
Three big reasons:
Speed – No court hearings. No months-long creditor windows. Just a 30-day wait, and then you file.
Cost – The filing fee is lower, there’s no publication requirement, and many families avoid hiring an attorney.
Simplicity – The process is relatively straightforward and can often be completed within weeks.
For families dealing with a modest estate, it’s a practical and legally sound way to close affairs quickly.
When Not to Use It
The Small Estate Affidavit isn’t for everyone. You should consider other options if:
The estate owns income-producing property or a business
There are serious disputes among heirs or creditors
The estate is close to the dollar limits (even by a few hundred dollars)
You anticipate needing court authority to force cooperation from a third party
Overestimating the value of the estate—even accidentally—can disqualify the filing and force a full probate. It’s critical to use county assessor values for real estate and document fair market value for personal property.
Pro Tip: Plan Ahead to Qualify
You can make it easier for your family to use this shortcut by:
Keeping real estate titled jointly or with transfer-on-death deeds
Naming beneficiaries on financial accounts
Using life insurance policies and retirement plans strategically
Staying aware of the $275,000 threshold and titling assets accordingly
Sometimes a slight shift in title or beneficiary designation is all it takes to avoid a year-long probate case later.
Final Thought
The Small Estate Affidavit is one of Oregon’s most useful—but underused—legal tools. For families who qualify, it offers real relief: fewer court forms, faster timelines, and lower costs. But it only works if the estate stays under the limits and the rules are followed precisely.
If you think an estate might qualify, or if you’re not sure whether it’s a good fit, I can help you sort it out quickly. And if your goal is to make sure your family qualifies down the road, we can plan for that now.
You can book a consultation here, or learn more about my flat-fee estate planning services. Either way, I’ll help you avoid court where it makes sense—and handle it confidently where it doesn’t.
