An Oregon Simple Estate or Small Estates Affidavit can take less time, but only certain estates may qualify

In Oregon, a typical estate may require at least 7 months to fully process and conclude the standard probate process. However, Oregon has a special procedure for smaller estates. You might see it referred to as a Simple Estate Affidavit or Small Estates Affidavit. And how long does small estate probate take in Oregon?

A small estate affidavit in Oregon can take the shortest time to complete probate. An Oregon simple estate probate can conclude in as little as 4 months, although around 5-9 months is more common.

What is probate?

Simply put, in Oregon probate is the court-supervised legal process through which a person’s property is distributed after their death, including paying debts and distributing assets to beneficiaries. This process is the default option for individuals who pass away without having an estate plan in place, also known as dying intestate. Wills also pass through probate, though trusts are typically exempt.

The Small Estate does not skip probate. A Simple Estate can be a faster, more streamlined way for an estate to go through probate. 

What is the Small Estate Affidavit in Oregon, and what makes it different from standard probate?

A Simple Estate can be cheaper and faster than standard probate. However, this abbreviated process can be used only when an estate satisfies certain qualifications:

• Small Estate Proceeding qualification can happen around the filing of the estate in probate, at least 30 days after the death of the decedent
• Any real property in the estate, including land and buildings, cannot have a value exceeding $200,000
• Personal property in the estate (such as financial assets, vehicles, clothing, and other personal items) must have a value less than $75,000
• These values may be updated occasionally through the state legislature
• Estates with a will (testate) or without a will (intestate) may be eligible

Can a small estate proceeding take longer than 4 months to conclude?

A Small Estate Affidavit in Oregon takes at least 4 months to conclude. Part of the time allows for mandatory notice periods. That allows any creditors time to file a claim on the estate, so that those debts may be settled prior to the distribution of remaining assets.

Even for a Simple Estate probate, a period of 5-9 months is more typical in Oregon. Complexities around taxes, assets, debts, or other matters may cause probate to take longer. Disagreements or challenges from others involved in the estate may also require more time to review and reach agreement or settlement.

Wondering if an estate you’re involved in may qualify for Oregon’s Small Estates Affidavit?

Given the $200,000 real property value limit and the $75,000 personal property value limit, frankly, it can be challenging for today’s Oregon estates to meet the qualifications for a Simple Estate. However, if an estate might qualify, it’s important for that filing to take place and for the probate court to make the proper determination.

Are you wondering if an estate you’re involved in might qualify for the Simple Estate Affidavit?

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