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ORS 114.510 and 114.515 · checked 2026-10-20
Oregon small estate affidavit limit
In Oregon the small estate affidavit filed with the probate court is available when the fair market value of the estate attributable to personal property (and, separately, to real property) is $75,000 or less, and it can be used 30 days after the death. It works through an affidavit or sworn statement filed with the court or its clerk.
- 1Dollar limit $75,000
- 2Waiting period 30 days
- 3Filed with Court
- 4Statute ORS 114.510 and 114.515
What ORS 114.510 and 114.515 says
The operative words of the statute, as read on 2026-10-20:
“Not more than $75,000 of the fair market value of the estate is attributable to personal property”
That test is applied to the fair market value of the estate attributable to personal property (and, separately, to real property). Oregon tests the two kinds of property separately: no more than $75,000 of personal property and no more than $200,000 of real property (ORS 114.510). The affidavit is filed with the clerk of the probate court no sooner than 30 days after death (ORS 114.515).
Source: ORS 114.510 and 114.515 (text read from the Public.Law copy; check the legislature's own text before relying on it). Last checked 2026-10-20.
Worked examples against the $75,000 limit
| Estate value | Result under ORS 114.510 and 114.515 |
|---|---|
| $45,000 | Within the limit |
| $75,000 | Within the limit |
| $76,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — fair market value of the estate attributable to personal property (and, separately, to real property) — not everything the person owned. Oregon's figure is $12,500 above the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 19th from the top, level with Kansas, Minnesota, Mississippi, Texas.
When the route opens
The statute requires 30 days to pass after the death. For a death on January 15, 2026, the earliest date is February 14, 2026. 7 of the 31 jurisdictions with a written wait make people wait longer and 3 wait less; the median is 30 days.
If the estate goes through full probate instead, creditors have 4 months counted from publication of notice to interested persons (ORS 115.005(2)(a)). The Oregon probate timeline works those dates through.
Filing and fees
The sworn statement goes to the court or its clerk, which keeps it on file. Opening full administration for an estate of $76,000 would cost $591 under ORS 21.170(1) — see probate court fees in Oregon.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the small estate affidavit filed with the probate court and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby Pacific jurisdictions
Alaska: $50,000 after 30 days; California: $208,850 after 40 days; Hawaii: $100,000; Washington: $100,000 after 40 days.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Oregon probate court or its self-help center before filing.