ORS 114.510
Value limitations for small estate


(1)

A person who meets the requirements of ORS 114.515 (Small estate affidavit) may file a small estate affidavit only with regard to an estate in which:

(a)

Not more than $75,000 of the fair market value of the estate is attributable to personal property; and

(b)

Not more than $200,000 of the fair market value of the estate is attributable to real property.

(2)

The fair market value of the estate shall be determined under this section:

(a)

As of the date of death; or

(b)

If the date of death is more than one year before the date of filing of the affidavit, as of a date within 45 days before the filing of the affidavit.

(3)

In determining fair market value under this section, the fair market value of the entire interest in the property included in the estate shall be used without reduction for liens or other debts. [2019 c.165 §3]
§§ 114.505 to 114.560

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)


Source
Last accessed
May. 15, 2020