ORS 114.515¹
Small estate affidavit
  • who may file
  • fee
  • amended affidavit
  • procedure when value of estate exceeds limitations
  • acknowledgment by clerk

(1) If the estate of a decedent meets the requirements of ORS 114.510 (Value limitations for small estate), any of the following persons may file a small estate affidavit with the clerk of the probate court in any county where there is venue for a proceeding seeking the appointment of a personal representative for the estate:

(a) One or more of the claiming successors of the decedent.

(b) If the decedent died testate, any person named as personal representative in the decedent’s will.

(c) The Director of Human Services, the Director of the Oregon Health Authority or an attorney approved under ORS 114.517 (Approval of attorneys filing affidavits for recipients of Medicaid or other public assistance), if the decedent received public assistance as defined in ORS 411.010 (Definitions), received medical assistance as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) or received care at an institution as defined in ORS 179.010 (Definitions), and it appears that the assistance or the cost of care may be recovered from the estate of the decedent.

(2) A person may not file a small estate affidavit if:

(a) The person would be disqualified from acting as a personal representative under ORS 113.095 (Persons not qualified to act as personal representatives); or

(b) The person has been convicted of a felony in Oregon or in another jurisdiction.

(3) A small estate affidavit may not be filed until 30 days after the death of the decedent.

(4) A small estate affidavit must contain the information required in ORS 114.525 (Content of affidavit) and shall be made a part of the probate records. If the affiant is an attorney approved by the Director of Human Services or the Director of the Oregon Health Authority, a copy of the document approving the attorney must be attached to the affidavit.

(5) The clerk of the probate court shall charge and collect the fee established under ORS 21.145 (Simple proceeding filing fee) for the filing of a small estate affidavit.

(6)(a) Except as provided in subsection (7) of this section, the affiant shall file an amended small estate affidavit in the following circumstances:

(A) To correct a material error or omission in a previous affidavit.

(B) To include property not described in a previous affidavit.

(b) The amended affidavit must include all information required under ORS 114.525 (Content of affidavit) and state the value of the property as of the date used to prepare the original affidavit.

(7) If the fair market value of the property of the estate exceeds the value limitations for a small estate ORS 114.510 (Value limitations for small estate), an affiant may not file an amended small estate affidavit under subsection (6) of this section and the affiant’s authority with regard to the estate is terminated, except that the affiant shall deliver assets of the estate in the affiant’s possession upon request by a personal representative appointed under ORS 113.085 (Preference in appointing personal representative). The affiant shall promptly file notice with the court that the estate of the decedent is not subject to ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy) and shall serve a copy of the notice on each person who received a copy of the previous affidavit.

(8) The clerk of the probate court may acknowledge a small estate affidavit upon presentation of the identification of the affiant and the affiant’s statement under penalty of perjury. [1973 c.710 §§3, 8; 1977 c.239 §2; 1979 c.467 §1; 1981 s.s. c.3 §36; 1985 c.368 §1; 1985 c.496 §6; 1987 c.586 §28; 1989 c.228 §2; 1989 c.856 §1; 1995 c.682 §1; 1997 c.447 §1; 1997 c.801 §32; 2003 c.737 §§59,60; 2005 c.122 §§1,2; 2005 c.273 §§1,2; 2005 c.702 §§69,70,71; 2009 c.262 §7; 2009 c.413 §1; 2009 c.828 §10; 2011 c.595 §22; 2013 c.688 §17; 2019 c.165 §4]

Notes of Decisions

Once small estate process is triggered through filing of affidavit, small estate statutes have exclusive jurisdic­tion over claims unless per­sonal representative appointed within four months of filing. Givan v. Dept. of Human Services, 289 Or App 125, 410 P3d 311 (2017)

Notes of Decisions

Small estate statutory scheme has jurisdic­tional effect such that all claims within it must be resolved within its process and dead­lines. Givan v. Dept. of Human Services, 289 Or App 125, 410 P3d 311 (2017)

Atty. Gen. Opinions

Minimum probate filing fees for “small estates,” (1974) Vol 37, p 212

Law Review Cita­tions

16 WLR 307 (1979); 26 WLR 286 (1990)

1 Legislative Counsel Committee, CHAPTER 114—Administration of Estates Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors114.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 114, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano114.­html (2019) (last ac­cessed May 16, 2020).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information