TN 12 (03-14)
GN 02315.075 Oregon Small Estates
A. Policy for Oregon affidavit overview
Or. Rev. Stat. § 114.515 provides for simplified administration of a decedent’s estate where the estate has a fair market value of $275,000 or less and consists of no more than:
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. Rev. Stat. § 114.515(2). An affidavit may be filed not less than 30 days after the decedent’s death with the clerk of the county in which the decedent died, was domiciled, or resided at the time of death, or a county where the decedent’s property was located at the time of death. Or. Rev. Stat. §§ 113.015(1); 114.515(1), (3). The affidavit may be amended within four months and supplemental affidavits may be filed to include property not described in the original affidavit, as long as the fair market values above are not exceeded. Or. Rev. Stat. §§ 114.515(7), (8).
B. Policy Oregon affidavit procedure
The affidavit may be filed by: (1) one or more claiming successors of the decedent (heirs, devisees, or possibly creditors); (2) any person named as personal representative in the decedent’s will; or (3) the Director of Human Services, the Director of the Oregon Health Authority, or an approved attorney, if the decedent received public assistance and it appeared that the assistance or cost of care may be recovered from the decedent’s estate. Or. Rev. Stat. §§ 114.505(2), 114.515(1), 114.517, 114.520.
NOTE: Although the surviving spouse of a decedent who died on or after January 1, 2011, may be entitled to an elective share of the estate (Or. Rev. Stat. §§ 114.600 to 114.725), Social Security benefits are expressly excluded from the augmented estate. Or. Rev. Stat. § 114.630(3).)
No sooner than 10 days after the filing of an affidavit, 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. Rev. Stat. § 114.535(4). (Additional procedures apply when the deceased was known to be the lessee of a safe deposit box. See Or. Rev. Stat. § 114.537.) Request adequate evidence if a person claims to be the personal representative. For a discussion of adequate documentation for legal representatives, see GN 02301.035. Upon receipt of the certified affidavit, SSA must pay to the affiant the amounts owed the decedent. Or. Rev. Stat. §§ 114.535(1)-(2).
The certified affidavit must state:
the decedent’s name, age, domicile, post office address, and Social Security number;
date and place of death, with attached certified copy of death certificate;
a description of the fair market value of all property in the estate, including a legal description of any real property;
that no application or petition for appointment of a personal representative has been granted in Oregon;
whether the decedent died testate or intestate, with attached copy of the will, if applicable;
a listing of the decedent’s heirs or devisees along with additional details, including their interests in the property;
that reasonable efforts were made to ascertain creditors of the estate, along with details about the claims and creditors;
that a copy of the affidavit showing the date of filing will be mailed or delivered to the Department of Human Services or to the Oregon Health Authority;
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 a personal representative is appointed within four months; and
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. Rev. Stat. §§ 114.525, 114.535(4), 114.555.
C. Policy for Oregon good acquittance
Any person paying debts under the above affidavit procedure is discharged and released from liability to the same extent as if dealing with the personal representative. Or. Rev. Stat. § 114.535(4).