Oregon state law provides for small estate affidavit procedures where the estate has a fair market value of $275,000 or less and consists of only:

• •

  personal property having a fair market value of $75,000 or less, and

• •

  real property having a fair market value of $200,000 or less.

Or. Stat. § 114.510(1) (2024).

Any of these individuals may file a small estate affidavit with the clerk of probate court:

• •

  one or more of the claiming successors of the decedent (heirs, devisees, or possibly creditors);

• •

  any person named as personal representative in the decedent’s will; or

• •

  the Director of Human Services, the Director of the Oregon Health Authority, or an approved attorney, if the decedent received public assistance and it appears that the assistance or cost of care may be recovered from the decedent’s estate.

Or. Stat. §§ 114.505(2), 114.515(1), 114.517, 114.520.

A small estate affidavit must contain the information in GN 002315.075C and must be made part of the probate records. Or. Stat. § 114.515(4).

The affiant may deliver a certified copy of the affidavit to any person who was indebted to the decedent or who has possession of personal property belonging to the estate. Or. Stat. § 114.535(1). Upon receipt of a certified affidavit, the person must pay the affiant the amounts owed the decedent. Or. Stat. § 114.535(1).

The certified copy of the affidavit must state:

1. 1. 

   the name and post office address of the affiant;

2. 2. 

   the authority under which the affiant is filing the simple estate affidavit as provided in Oregon Statute § 114.515, refer to GN 02315.075B;

3. 3. 

   that the simple estate affidavit is made under Oregon Statutes §§ 114.505 to 114.560;

4. 4. 

   the decedent’s name, age, domicile, post office address, and last four digits of the Social Security number;

5. 5. 

   the date and place of death;

6. 6. 

   a description of the fair market value of all property in the estate, including a legal description of any real property;

7. 7. 

   that no application or petition for appointment of a personal representative has been granted or is pending in Oregon and that the state is not currently being administered in Oregon;

8. 8. 

   whether the decedent died testate or intestate;

9. 9. 

   a listing of the decedent’s heirs or devisees along with additional details, including their interests in the property and last known address, and that a copy of the will and a copy of the affidavit showing the date of filing will be delivered or mailed to each heir or devisee;

10. 10. 

    that reasonable efforts were made to ascertain creditors of the estate, along with details about the claims and creditors;

11. 11. 

    the mailing address for the presentment of claims and, if authorized, any electronic mail address or facsimile number for the presentment of claims;

12. 12. 

    anticipated administrative expenses and attorney fees, if any;

13. 13. 

    the affiant is not disqualified as acting as an affiant under Oregon Statute § 114.515(2);

14. 14. 

    that a copy of the affidavit showing the date of filing and a copy of the death record will be mailed or delivered to the Department of Human Services or to the Oregon Health Authority;

15. 15. 

    whether the decedent was incarcerated in a correctional facility in Oregon at any time in the 15 years before the decedent’s death and, if so, a copy of the affidavit showing the date of filing and a copy of the death certificate will be mailed or delivered to the Department of Corrections;

16. 16. 

    undisputed claims against the estate will be paid as provided in Or. Rev. Stat.Oregon Statute § 114.545;

17. 17. 

    claims against the estate not listed in the affidavit or in amounts larger than those listed may be barred unless a claim is presented to the affiant within four months of the filing of the affidavit or amended affidavit, or a petition for appointment of a personal representative is appointed within four months; and

18. 18. 

    any claim listed in the affidavit that the affiant disputes may be barred unless a petition for summary determination is filed within four months or a personal representative is appointed within four months.

Or. Stat. §§ 114.525, 114.535(1), (4), 114.555.

We must review the affidavit to ensure that it is a certified copy and that the individual requesting payment of an underpayment meets the requirements in this section.

We must also review the description and fair market value of the property stated in the affidavit to ensure that the underpayment would not push the value of the estate’s personal property over the $75,000 threshold, which may invalidate the small estate process. Refer to GN 02315.025. An SSA underpayment is not excluded when calculating the value of the personal property of the estate. Or. Stat. § 114.510. If we cannot determine from the affidavit whether the underpayment would push the value of personal property would exceed the threshold, we may ask the individual for a general estate inventory.

Any person paying debts under the affidavit procedure in GN 02315.075C is discharged and released from liability to the same extent as if dealing with the personal representative. Or. Stat. § 114.535(4). Therefore, if an individual presents us with a certified copy of an affidavit meeting the criteria in GN 02315.075C., payment of an underpayment discharges the debt.