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OR · Circuit Court (Probate Department)

Oregon

Small-estate-affidavit threshold and procedure under § ORS § 114.510.

Verified 2026-05-04
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.

01

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
02

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
Waiting period
State requires 30 days to elapse from date of death (personal-property path) before filing.
Real property
Waiting period
State requires 30 days to elapse from date of death (real-property path) before filing.
Real property
Eligible under a separate cap

Both caps apply independently. An estate with $80K personal and $0 real does NOT qualify, even though sum is under $275K.

03

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.

04

Form & statute

Form
  • Affidavit of Claiming Successor / Small Estate Affidavit
    Oregon Judicial Department publishes the form.
Statutes
§ ORS § 114.510
https://oregon.public.law/statutes/ors_114.510
small-estate criteria + dollar caps
§ ORS § 114.515
https://oregon.public.law/statutes/ors_114.515
filing the affidavit