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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.

If Probate is needed but you don't apply for it, the beneficiaries won't be able to receive their inheritance. Instead the deceased person's assets will be frozen and held in a state of limbo. No one will have the legal authority to access, sell or transfer them.

Probate is required when an estate's assets are solely in the deceased's name. In most cases, if the deceased owned property that had no other names attached, an estate must go through probate in order to transfer the property into the name(s) of any beneficiaries.

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.Settle a dispute between people who claim they are entitled to assets of the deceased person.

By way of introduction, an estate is a small estate if the total value of the assets that need to be administered does not exceed the following values: $200,000 for real property and $75,000 for personal property. Small estates can be administered through a formal probate proceeding, just like larger estates.

Attorneys' fees in Oregon are based on the number of hours billed and the lawyer's hourly rate. For the simplest of probates, the fees can be around $2000. In general, probate legal fees will run between $3,000 and $5,000. If the estate is large, complex or has unusual assets, the costs can be much higher.

Oregon has a simplified probate process for small estates. To use it, you (as an inheritor) file a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.

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