Oregon simple estate affidavit: the $75,000 and $200,000 limits

Apply the two value limits

Value the full interest in probate property at death. If the affidavit will be filed more than one year after death, use a valuation date within 45 days before filing. A qualifying pre-existing trust named in a will creates a narrow alternative calculation for property devised to that trustee; it is not a general permission to exceed the limits.

• Personal property other than manufactured homes: no more than $75,000.
• Real property plus manufactured homes: no more than $200,000.
• Do not subtract liens or other debts from fair market value.
• There must be no Oregon personal representative, pending appointment petition, or earlier simple-estate affidavit.

Who may file

An heir, devisee, or person named as personal representative in the will may qualify. An unpaid creditor becomes a claiming successor only after 60 days, and a creditor filing for an intestate estate with no heirs needs State Treasurer authorization. A person disqualified from serving as personal representative, including a person with a felony conviction, cannot act as affiant.

Use the current court packet after 30 days

File the Oregon Judicial Department Simple Estate Affidavit in a county with probate venue, together with a certified death record. If there is a will, file the original or the permitted certified copy and the required proof. List each asset, its value, the proposed distribution, expenses, and creditor claims. The affidavit is a court record even though no personal representative is appointed.

The affidavit can administer personal property and land

A certified affidavit can compel delivery of personal property or payment of a debt owed to the decedent. Real property is listed by legal description and can be transferred or sold under the simple-estate rules, subject to the participation and consent requirements for the heirs or devisees who would receive it. A newly discovered safe-deposit box must be inventoried and can force an amended affidavit or end the procedure if its contents push the estate over a limit.

Creditors get a four-month claim period

Claims may be presented to the affiant for four months after filing. The affiant pays allowed claims and expenses from estate property in statutory priority. Filing an amended affidavit restarts claim deadlines, so a late-discovered asset can extend the administration rather than merely updating a list.

The affiant is a fiduciary, not only a collector

The affiant must preserve, settle, and distribute the estate, keep it separate from personal property, pay claims in order, and retain administration records. A claiming successor who receives property remains personally accountable up to its value to entitled creditors and a later personal representative. Neglect, delay, commingling, self-dealing, or another harmful breach can create a surcharge or personal liability.

Stop if the estate grows beyond the limits

If later-discovered property pushes the estate over a statutory limit, the affiant's authority ends. File notice that the estate no longer qualifies, serve the required people, and turn assets over to a subsequently appointed personal representative. Do not try to cure an over-limit estate with an amended affidavit.