The Oregon Small Estate Affidavit (SEA), also known as “Affidavit of Claiming Successor,” is a document that depicts information about successors in the interest of an individual who died to deal with their premises and property quickly. It is used in Oregon when the individual property is worth $75,000 or less, and the real estate equals $200,000 or less in value.
The small estate affidavit must be filled out and filed with the Probate Court in the district where the decedent lived or died or where the decedent possessed property. In any event, 30 days must pass since the decedent’s death so that the form could be filled out and filed.
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The information about the Oregon Small Estate Affidavit can be found in Oregon Laws, precisely in section 114.515. The section details laws concerning small estate affidavit and some descriptive notes on who may file the document, the fee amount, and other relevant data. Below you can find a list of necessary points to consider:
The maximum cost of all the deceased person’s properties should not be more than $275 000.
A certificate of death must be shown as a confirmation of a certified copy of the death record (must be attached to all other documents)
The Filing Fee, according to section 21.145 in Laws, is precisely $124.
A SEA form in Oregon requires notarial verification.
There is a separate archive containing information on vehicle transfer. Vehicle transfer, also called DMV form 6797, includes data about the change of the name and registration with the Oregon DMV on a vehicle owned by the decedent.
Oregon Small Estate Affidavit Laws Details
Max. Estate
$275,000 ($75,000 for personal property and $200,000 for real property)
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Filling Out the Oregon Small Estate Affidavit Form
Below, we present you with clear instructions on how to complete the SEA form in Oregon.
First of all, download the template of the form that suits local requirements and standards. Use our form-building software to download a suitable template.
There are several SEA forms: for the property (general one) and for vehicles. In this part, we will describe only the general type of form. Below are guidelines to fill it out:
Complete the “Affiant” section. You should describe details about Affiant: full name and address. Choose the relevant option of why are you capable of filing the affidavit.
Complete the “Decedent” section. Here, you should list the full name, the address where the decedent lived, the age, date, and place of death. Do not forget to attach a verified copy of the death confirmation at this place.
Later, you should describe the decedent’s estate. Start with real property and its worth in dollars, then list the personal property. Fill out the total sum in dollars.
Afterward, fill out the data on where (in which County) the Affidavit should be filed. There also will be three options describing your motives for choosing any County. Choose the most suitable one.
Admit if there is any will left by the deceased. Check the box that applies to your case.
Furthermore, name all of the heirs. In this segment, you should fill out the names of all the people that may have some property, their relationship status with the decedent, and the address.
Then, list the devisees. This part is only suitable for those situations where a decedent left a will. Otherwise, you must simply write “none.” If it is applicable, fill out the name and the last known address.
Fill out the data about what property is assigned to whom. List the names and types of property in this part.
Then, enter the data about creditors: creditor’s name, last known address, and type of claim with an estimated amount.
Fill out the information about disputed claims. If there are any, fill out the columns with the creditor’s name, last known address, and type of claim with an estimated amount. If there are no disputed claims, just write “none.”
Ensure you read and acknowledge all of the other written parts.
Sign the form. Sign the affidavit in front of the notary public, and input your telephone number.
Ensure notarial verification. It is obligatory to notarize the SEA form in Oregon.
