OR · Circuit Court (Probate Department)
Oregon
Personal property
$75,000
statutory cap
30-day wait
Personal property cap. Estate must satisfy BOTH this and the real-property cap — they do NOT sum.
Real property
$200,000
separate cap
30-day wait
Real property cap. Must be satisfied independently.
Who is eligible to file
- Surviving spouse or registered domestic partner
- Adult children, equally if more than one
- Parents of the decedent, if no spouse or descendants
- The named executor under the will, if one exists
- An heir at law under Oregon's intestate-succession statute, in the absence of the above
What counts toward the threshold
The threshold counts only assets that pass through probate. The following do not count against the cap:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
State note: Personal property cap. Estate must satisfy BOTH this and the real-property cap — they do NOT sum.
Personal property
Real property
Real property
Both caps apply independently. An estate with $80K personal and $0 real does NOT qualify, even though sum is under $275K.
Where to file
File with the Circuit Court (Probate Department) in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The Oregon judicial system operates an authoritative court locator.
Find your county’s Circuit Court (Probate Department) via the Oregon judicial council website. Search for “Oregon Circuit Court (Probate Department) county locator” or visit the state government court directory.
Form & statute
Form
- Affidavit of Claiming Successor / Small Estate AffidavitOregon Judicial Department publishes the form.
Statutes