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Wait at least 30 days. To begin the process, the interested party—typically an heir or executor—must wait at least 30 days after the decedent's death before filing a small estate affidavit with the probate court in the county where the deceased resided. This extends to at least 60 days for creditors who are filing.

If probate is not done, it can be difficult to determine who is entitled to the assets of the estate and how they should be distributed. This can lead to disputes among the heirs or beneficiaries, which can be time-consuming and costly to resolve.

Probate can be started immediately after death and takes a minimum of four months. If the estate includes property that takes a while to sell, or if there are complicated tax or other matters, probate can last much longer. A small estate proceeding cannot be filed until 30 days after death and is complete upon filing.

Probate can be started immediately after death and takes a minimum of four months. If the estate includes property that takes a while to sell, or if there are complicated tax or other matters, probate can last much longer. A small estate proceeding cannot be filed until 30 days after death and is complete upon filing.

After four months from the date the affidavit is filed and if no personal representative is appointed for the estate, the affiant should transfer the estate property to the heirs and devisees. Before the four months expire, the affiant may transfer property as allowed by ORS 114.545 (1)(e) and (f).

Eligibility. The estate property must meet certain criteria to be eligible for using the Small Estate Affidavit: The value of the personal property should not exceed $75,000. The market value of any real estate owned in Oregon cannot exceed $200,000.

An affidavit can be filed if the fair market value of the estate is $275,000 or less. Of that amount, no more than $200,000 can be attributable to real property and no more than $75,000 can be attributable to personal property.

In Oregon, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

To initiate the process, the heir or executor must file a small estate affidavit with the probate court at least 30 days after the decedent's passing. Once approved, the affidavit allows the filer to distribute assets in ance with the will or Oregon intestacy laws if no will exists.