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Oregon Small Estate Affidavit | Affidavit of Claiming Successor

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The Oregon small estate affidavit, or ‘Affidavit of Claiming Successor’, is for successors in interest of a person who died to expeditiously take care of the estate when the personal property is $75,000 or less in value and the real property has $200,000 or less in value.  It should be filled out and filed with the Probate Court in the county in which decedent lived or passed away, or in which decedent owned property. It cannot be filled out and filed until at least 30 days have passed since decedent died.

Instructions – How to File a Small Estate Affidavit in Oregon

Maximum – *$275,000 (*Combined)

  • Real Estate: $200,000
  • Personal Property: $75,000

Laws – § 114.515

Vehicle Transfer (DMV Form 6797) – Use the Instructions to change the title and registration with the Oregon DMV on a vehicle owned by the decedent.

How to Write

Step 1 – Write in the name of the person who died at the top.

Step 2 – In Section 1, write in your name and address as the person filling out the form. You must check the box that applies to your status.

Step 3 – Write the following information about the decedent:

  • Name
  • Age
  • SSN
  • Address
  • Date of Death
  • Place of Death

Step 4 – Include a certified copy of the death certificate with the filing.

Step 5 – Write in the description of assets and their value in Section 3.

Step 6 – Write in the county in which you are filing the form and check the reason.

Step 7 – In Section 6, check the box indicating the status of the will.

Step 8 – In Section 7, write in the name of the heirs, relationship and last known address.

Step 9 – In Section 8, only if decedent had a will, you need to write in the name of the people who were designated to receive property in the will.

Step 10 – In Section 10, write in the people entitled to receive property and the property they are entitled to receive.

Step 11 – Write in the name of creditors, addresses and claims against the estate.

Step 12 – If there are any disputed creditors, write the information as indicated in Section 12.

Step 13 – Sign and date in front of a notary.


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