Laws
- Days After Death – Thirty (30) days.[1]
- Filing Fee – $124.[2][3]
- Maximum Amount ($) – $275,000 in total, but not more than $75,000 of the estate’s fair market value is attributable to personal property; not more than $200,000 of the fair market value of the estate is attributable to real property.[4]
- Public Assistance – If the decedent received public assistance,[5] medical assistance,[6] or care at a public institution,[7] the Directors of Human Services and the Health Authority can file this affidavit to recoup the costs of care covered by the State of Oregon.[8]
- Safe Deposit Box – If the decedent had a safe deposit box, this affidavit cannot be filed until the box’s contents have been inventoried.[9]
- Signing – The affiant has to sign the form in the presence of a notary public.
- Statutes – Title 12, Chapter 114. Administration of Estates Generally
How to File (5 steps)
2. No Personal Representative
Confirm that a decedent’s personal representative hasn’t been appointed by searching the Oregon Judicial Case Information Network (OJCIN) or contacting the circuit court local to the decedent’s last permanent residence.
3. Complete Forms
Gather and complete the following forms for filing:
- Affidavit of Attesting Witness/Genuine Signature (if a will exists)[10]
- Application for Deferral or Waiver of Fees & Declaration in Support (if seeking a fee waiver)
- Death Certificate (obtained from the Oregon Office of Vital Statistics)
- Order Regarding Deferral or Waiver of Fees (if seeking a fee waiver)
- Original Will (if any, no copies)
- Simple Estate Affidavit (refer to these detailed instructions provided by the state of Oregon)
4. File With Court
File these documents with the Circuit Court with jurisdiction over the decedent’s last permanent address.
5. Send to Estate Recipients
The affiant must deliver complete copies of the affidavit and all addendums to all other recipients of the decedent’s estate within 30 days of filing the affidavit with the circuit court.[11]