ORS 114.515
Small estate affidavit

  • who may file
  • fee
  • amended affidavit
  • procedure when value of estate exceeds limitations
  • acknowledgment by clerk

(1)

If the estate of a decedent meets the requirements of ORS 114.510 (Value limitations for small estate), any of the following persons may file a small estate affidavit with the clerk of the probate court in any county where there is venue for a proceeding seeking the appointment of a personal representative for the estate:

(a)

One or more of the claiming successors of the decedent.

(b)

If the decedent died testate, any person named as personal representative in the decedent’s will.

(c)

The Director of Human Services, the Director of the Oregon Health Authority or an attorney approved under ORS 114.517 (Approval of attorneys filing affidavits for recipients of Medicaid or other public assistance), if the decedent received public assistance as defined in ORS 411.010 (Definitions), received medical assistance as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) or received care at an institution as defined in ORS 179.010 (Definitions), and it appears that the assistance or the cost of care may be recovered from the estate of the decedent.

(2)

A person may not file a small estate affidavit if:

(a)

The person would be disqualified from acting as a personal representative under ORS 113.095 (Persons not qualified to act as personal representatives); or

(b)

The person has been convicted of a felony in Oregon or in another jurisdiction.

(3)

A small estate affidavit may not be filed until 30 days after the death of the decedent.

(4)

A small estate affidavit must contain the information required in ORS 114.525 (Content of affidavit) and shall be made a part of the probate records. If the affiant is an attorney approved by the Director of Human Services or the Director of the Oregon Health Authority, a copy of the document approving the attorney must be attached to the affidavit.

(5)

The clerk of the probate court shall charge and collect the fee established under ORS 21.145 (Simple proceeding filing fee) for the filing of a small estate affidavit.

(6)

Intentionally left blank —Ed.

(a)

Except as provided in subsection (7) of this section, the affiant shall file an amended small estate affidavit in the following circumstances:

(A)

To correct a material error or omission in a previous affidavit.

(B)

To include property not described in a previous affidavit.

(b)

The amended affidavit must include all information required under ORS 114.525 (Content of affidavit) and state the value of the property as of the date used to prepare the original affidavit.

(7)

If the fair market value of the property of the estate exceeds the value limitations for a small estate under ORS 114.510 (Value limitations for small estate), an affiant may not file an amended small estate affidavit under subsection (6) of this section and the affiant’s authority with regard to the estate is terminated, except that the affiant shall deliver assets of the estate in the affiant’s possession upon request by a personal representative appointed under ORS 113.085 (Preference in appointing personal representative). The affiant shall promptly file notice with the court that the estate of the decedent is not subject to ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy) and shall serve a copy of the notice on each person who received a copy of the previous affidavit.

(8)

The clerk of the probate court may acknowledge a small estate affidavit upon presentation of the identification of the affiant and the affiant’s statement under penalty of perjury. [1973 c.710 §§3, 8; 1977 c.239 §2; 1979 c.467 §1; 1981 s.s. c.3 §36; 1985 c.368 §1; 1985 c.496 §6; 1987 c.586 §28; 1989 c.228 §2; 1989 c.856 §1; 1995 c.682 §1; 1997 c.447 §1; 1997 c.801 §32; 2003 c.737 §§59,60; 2005 c.122 §§1,2; 2005 c.273 §§1,2; 2005 c.702 §§69,70,71; 2009 c.262 §7; 2009 c.413 §1; 2009 c.828 §10; 2011 c.595 §22; 2013 c.688 §17; 2019 c.165 §4]

Source: Section 114.515 — Small estate affidavit; who may file; fee; amended affidavit; procedure when value of estate exceeds limitations; acknowledgment by clerk, https://www.­oregonlegislature.­gov/bills_laws/ors/ors114.­html.

Notes of Decisions

Once small estate process is triggered through filing of affidavit, small estate statutes have exclusive jurisdiction over claims unless personal representative appointed within four months of filing. Givan v. Dept. of Human Services, 289 Or App 125, 410 P3d 311 (2017)

114.005
Occupancy of principal dwelling of decedent by spouse and children 114.015
Support of spouse and children 114.025
Petition for support and answer 114.035
Temporary support 114.045
Modification or termination of support 114.055
Nature of support 114.065
Limitations on support 114.075
Priority of support 114.085
Setting apart whole estate for support 114.205
No distinction between real and personal property 114.215
Devolution of and title to property 114.225
Possession and control of decedent’s estate 114.255
Commencement of duties and powers of personal representative 114.265
General duties of personal representative 114.275
Personal representative to proceed without court order 114.285
Naming or appointment of personal representative does not discharge claim 114.295
Discharge or devise in will of claim of testator 114.305
Transactions authorized for personal representative 114.315
Right to perfect lien or security interest 114.325
Power to sell, mortgage, lease and deal with property 114.333
Transfer of title and interest to real property by foreign personal representative 114.335
Court order for sale, mortgage or lease 114.345
Title conveyed free of claims of creditors 114.355
Sale or encumbrance to personal representative voidable 114.365
Validation of certain sales 114.375
Nonliability of transfer agents 114.385
Persons dealing with personal representative 114.395
Improper exercise of power 114.405
Personal liability of personal representative 114.415
Copersonal representatives 114.425
Discovery of property, writings and information 114.435
Power to avoid transfers 114.441
Definitions for ORS 114.441 to 114.462 114.444
Application 114.447
Court approval of settlement of personal injury claim or wrongful death claim 114.450
Deferral of requirements 114.453
Petition for appointment of personal representative 114.456
Information to beneficiaries and Department of Human Services and Oregon Health Authority 114.459
Waiver of requirements 114.462
Motion to close estate 114.505
Definitions for ORS 114.505 to 114.560 114.510
Value limitations for small estate 114.515
Small estate affidavit 114.517
Approval of attorneys filing affidavits for recipients of Medicaid or other public assistance 114.520
Authorization from State Treasurer required for filing of affidavit by creditor if decedent dies intestate and without heirs 114.525
Content of affidavit 114.535
Transfer of decedent’s property to affiant 114.537
Safe deposit boxes 114.540
Procedure for claims 114.542
Summary determination 114.545
Affiant as fiduciary 114.547
Sales and transfers to third parties 114.549
Liability of affiant 114.550
Summary review of administration of estate 114.552
Filing fees 114.555
Transfer of interest of decedent in property described in affidavit 114.560
Exclusive remedy 114.600
Elective share generally 114.605
Amount of elective share 114.610
Manner of making election 114.615
Payment of elective share 114.620
Waiver of right to elect and other rights 114.625
Who may exercise right of election 114.630
Augmented estate 114.635
Exclusions from augmented estate 114.650
Decedent’s probate estate 114.660
Decedent’s nonprobate estate 114.665
Decedent’s nonprobate estate 114.675
Surviving spouse’s estate 114.685
Decedent’s probate transfers to surviving spouse 114.690
Decedent’s nonprobate transfers to surviving spouse 114.700
Priority of sources from which elective share payable 114.705
Liability of recipients of decedent’s nonprobate estate 114.710
Protective order 114.720
Proceedings to claim elective share 114.725
Effect of separation
Green check means up to date. Up to date

Current through early 2024

§ 114.515’s source at oregon​.gov