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The estate is large. Full probate may be avoided when handling small estates. Under Oregon law, a small estate affidavit can be filed if the estate has no more than $75,000 in personal property and no more that $200,000 in real property. These limits may be subject to change. A larger estate may require probate.
The Affidavit must be filled out correctly and the mailings completed as required, one copy to Department of Human Services and one copy to the Oregon Health Authority. The filing fee for a Small Estate is $124.00.
Probate is not always necessary. If the deceased person owned bank accounts or property with another person, the surviving co-owner often will then own that property automatically.
Who Can Use the Small Estate Affidavit Process? An heir, devisee, personal representative, or creditor may file a Small Estate Affidavit. Heir. An heir is an individual who would inherit from the estate under Oregon's laws of intestacy.
While probate can complete in as little as 5 months, in Oregon this process typically takes 6-9 months. Once the four-month discovery and notice period is complete, the probate court and PR begin overseeing the settling of the estate.