An Oregon small estate affidavit is a sworn statement that lists the decedent, the estate, the heirs, the devisees and the creditors. The statute calls it a simple estate affidavit. It fits an estate within $75,000 of personal property and $200,000 of real property and manufactured homes combined.[1.2] Filing must wait until 30 days after the death.[1.3]
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Oregon law. If you notice an error or outdated information, please contact us.
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Section 114.510 of the Oregon Revised Statutes sets two value limits for a simple estate affidavit.[1.2] The FormsPal template is titled Affidavit of Claiming Successor (Small Estate Affidavit). The person who signs the affidavit is called the affiant. On the form, the affiant is the heir, devisee, named personal representative or creditor who checks an authority box.
The estate has to meet both limits. For general background on settling estates, see our guide to what probate is.
Fair market value is set as of the date of death. If the death was more than one year before the affidavit is filed, it is set as of a date within 45 days before the filing.[1.2]
| Estate value limit | $75,000 of personal property other than manufactured homes and $200,000 of real property and manufactured homes combined[1.2] |
| Min. time after death | 30 days[1.3] |
| Filing fee | The fee set under ORS 21.145, with no fee for an amended affidavit[1.3] |
| Time to present claims | Four months after the affidavit is filed[1.8] |
| State Laws | Oregon Revised Statutes, Sections 114.505 to 114.550 |
Not everyone can file a simple estate affidavit, and the filer has to attach certain papers. This section covers who is barred from filing, the waiting period, the papers to file with the affidavit and the rule for safe deposit boxes.
A person may not file a simple estate affidavit in two cases.[1.3]
The 30 days count from the date of death. A simple estate affidavit may not be filed before they have passed.[1.3] You can count the days with our deadline calculator.
The affiant files these papers together with the affidavit.[1.5]
Check for a safe deposit box before you file. Say the decedent was the sole or last surviving lessee of a box, or owned its contents. If you know that, you may not file until you request an inventory of the box.[1.7] The affidavit then has to state the value of the contents of the box.
Several deadlines start once the affidavit is on file. They matter to the affiant and to every creditor of the estate. This section covers when a creditor can file, how claims are presented and decided, and what the affiant must do after filing.
A creditor can become a claiming successor only if the creditor has not been paid in full within 60 days after the date of death.[1.1] If a decedent dies intestate and without heirs, that creditor may not file unless the State Treasurer has given written authorization.[1.4]
The creditor can notify the State Treasurer that the creditor plans to file. Within 30 days after that notice, the State Treasurer either gives the written authorization or says the Treasurer will file as claiming successor. The clerk of the probate court may not accept the creditor's affidavit without the authorization attached.[1.4]
A creditor can present a claim to the affiant within four months after the affidavit was filed, at the address stated in the affidavit for claims. If an amended affidavit is filed, claims can be presented within four months after that filing.[1.8]
A claim that was not listed in the affidavit counts as allowed unless the affiant mails or delivers a notice of disallowance within 60 days after the claim is presented.[1.8] The creditor then has 30 days to ask the probate court for a summary determination. A creditor whose claim is listed as disputed has four months after the filing to ask for one.[1.9]
The court hears the petition without a jury. Its order cannot be appealed and is enforced only through a petition for summary review under ORS 114.550.[1.9]
The affiant has a few duties after filing.[1.10]
If a person who receives a certified copy of the affidavit refuses to pay a debt or hand over property, the affiant may send a written demand by certified mail.[1.6]
To title a vehicle listed in the affidavit, the affiant signs Oregon DMV form 735-6797, Simple Estate Certification, after the simple estate affidavit has been filed.[2.1]
The table below pulls the deadlines from the sections above into one place. Each row names the event, the time limit and the statute section it comes from. Count from the date in the first column, and ask the probate court clerk if you are unsure which date starts a period.
| Event | Time limit | Source |
|---|---|---|
| Filing the affidavit | Not until 30 days after the death | ORS 114.515[1.3] |
| Creditor becomes a claiming successor | Unpaid in full 60 days after the death | ORS 114.505[1.1] |
| State Treasurer answers a creditor's notice | Within 30 days after the notice | ORS 114.520[1.4] |
| Mail or deliver the listed instruments | Within 30 days after filing | ORS 114.545[1.10] |
| Present a claim to the affiant | Within four months after the affidavit or amended affidavit is filed | ORS 114.540[1.8] |
| Disallow an unlisted claim | Within 60 days after the claim is presented | ORS 114.540[1.8] |
| Petition after a disallowance | Within 30 days after the notice is mailed or delivered | ORS 114.542[1.9] |
| Petition on a disputed claim | Within four months after the filing that lists it | ORS 114.542[1.9] |
| Keep estate records | Until the later of two years or the end of summary review | ORS 114.545[1.10] |
Use this list to check that the affidavit is ready to file. It follows the rules in the sections above, so you can tick off each point before you take the signed form to the notary and then to the probate court.
Planning ahead for your own estate? Our Oregon power of attorney forms and Oregon living will form cover two other core documents. Our guide to what an executor does explains the role of the person who settles an estate. You can also browse all Oregon forms.
The form runs five pages, and the fourteen steps below follow its order. Fill in the downloaded PDF with our online PDF editor, or print it and write the answers by hand. Each step names the part of the form it covers.
The screenshots under each step show the FormsPal Oregon small estate affidavit template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
![Oregon small estate affidavit: 6. Is there a will? [Check the one that applies], filled with sample entries](https://formspal.com/data/DHTMLImages/Image/621933.webp)
These answers come from the Oregon statute sections cited on this page. They cover appeals, liens, the deadlines for claims and the filing fee. Ask the probate court clerk about anything that is not covered here.
No. An order made on a summary determination may not be appealed. It can be enforced only by a petition for summary review under ORS 114.550.[1.9]
No. The fair market value of the entire interest in the property is used without reduction for liens or other debts.[1.2]
A claim is presented to the affiant within four months of the filing of the affidavit or an amended affidavit. It goes to the place the affidavit states for presenting claims.[1.5]
The affiant has 60 days after the claim is presented. A claim that was not listed in the affidavit counts as allowed as presented unless the affiant mails or delivers a notice of disallowance in that time.[1.8]
Yes. The clerk of the probate court charges the fee set under ORS 21.145 for a simple estate affidavit. No fee is charged for an amended affidavit.[1.3] This page does not list an amount, so ask the clerk for the current fee.
A creditor has to wait 60 days. Only a creditor that has not been paid or reimbursed in full within 60 days after the decedent's death can qualify as a claiming successor.[1.1]
Sometimes. If a decedent dies intestate and without heirs, a creditor who is a claiming successor may not file unless the State Treasurer has given written authorization. The clerk of the probate court may not accept that creditor's affidavit without the authorization attached.[1.4]
Yes. The affiant files a certified copy of the death record of the decedent as a confidential document.[1.5]
Yes, if the decedent died testate. The affiant files the original will at the same time as the affidavit, along with proof of the will. If the original will is filed in an estate proceeding in another jurisdiction, a certified copy is filed instead.[1.5]
Yes, when you know the decedent was the sole or last surviving lessee of the box or owned its contents. You may not file until you request an inventory of the box, and the affidavit must state the value of the contents.[1.7]
The affiant keeps the records at least until the later of two years under ORS 114.550 or the end of any summary review proceeding under that section.[1.10]
No. The court hears the petition without a jury, after notice to the creditor and the affiant. Any interested person may be heard.[1.9]
General information, not legal or tax advice.
