Oregon Small Estate Affidavit - Instruction Sheet

State:
Oregon
Control #:
OR-SKU-0821
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Description

Small Estate Affidavit - Instruction Sheet

The Oregon Small Estate Affidavit — Instruction Sheet is a document used to settle a deceased person's estate in the state of Oregon without having to go through the Oregon probate court process. It is typically used when the deceased person had very few assets and/or debts, and the value of all their assets did not exceed $275,000. The affidavit is used to transfer assets to the deceased person’s designated beneficiaries, and can be used for bank accounts, real estate, motor vehicles, and other personal property. There are two types of Oregon Small Estate Affidavits — Instruction Sheet. The first type is a "Full Estate" affidavit, which is used when the deceased person's assets are valued at or below $275,000. The second type is a "Partial Estate" affidavit, which is used when the deceased person's assets exceed $275,000. The Oregon Small Estate Affidavit — Instruction Sheet must be filled out completely and accurately, and signed by the deceased person's heirs or beneficiaries. It must be notarized by a notary public before it can be accepted by the Oregon Department of Revenue. Additionally, the affidavit must include a copy of the death certificate, and any other documents that are required by the Oregon Department of Revenue.

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FAQ

Then, the Affiant files the Small Estate Affidavit, death certificate, and original will (if any) with the court. The filing fee is currently $124 and must be paid at time of filing.

Step 1 ? Wait Thirty (30) Days. The small estate affidavit can only be filed after thirty (30) days have passed since the decedent's death. Step 2 ? No Personal Representative.Step 3 ? Complete Forms.Step 4 ? File With Court.Step 5 ? Send to Estate Recipients.

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.

FILER / AFFIANT You can file a Small Estate Affidavit if you are any of the following: ? An heir. An heir is someone who would inherit from an estate if there is no will. Heirs are defined by ORS 112.015 ? 112.115.

Small estates are governed by Oregon Revised Statutes (ORS) 114.505-114.5351. Other laws and rules apply to court filings generally and to probate (estate) law. FILER / AFFIANT You can file a Small Estate Affidavit if you are any of the following: ? An heir.

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.

Probate is the Court Administered transfer of the property of someone who has passed away. Typically, it takes 5-9 months to probate an estate. For small estates the process is typically quicker but still takes at least 4 months.

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Oregon Small Estate Affidavit - Instruction Sheet