Probate in Oregon: small estates, no will, and skipping court

Updated 2026-10-18

The short answer

In Oregon, family can use a simple estate affidavit 30 days after death if personal property is $75,000 or less and real property is $200,000 or less, at gross value. Larger estates go through probate. A recorded transfer-on-death deed can pass a house without court. Oregon taxes estates of $1 million or more.

When someone dies in Oregon, the family's first question is usually practical. Do we have to go to court, and how long will it take?

Sometimes not. Oregon has a "simple estate affidavit" for smaller estates and a deed that passes a house without court. It also has an estate tax that starts lower than most. This page covers each one, plus who inherits with no will. It is part of our estate planning guides by state. If the word is new, start with what probate is.

Can my family use a small estate affidavit in Oregon?

Yes, if the estate fits two separate limits. Oregon now calls it the "simple estate affidavit" (it used to be the small estate affidavit), and it's filed with the probate court clerk in the right county (ORS 114.505 to 114.515).

Item	Simple estate affidavit
Personal property limit	$75,000 or less (not counting manufactured homes)
Real property limit	$200,000 or less, real property and manufactured homes combined
How value is measured	Gross fair market value, with no subtraction for mortgages, liens or debts
Earliest filing	30 days after death
Who can file	Heirs, people named in the will, certain unpaid creditors, the personal representative named in the will, or the state if it is owed money back
Who can't file	Anyone disqualified to be a personal representative, or anyone convicted of a felony anywhere

The gross value rule trips people up. A house worth $250,000 with a $100,000 mortgage still counts as $250,000, so it doesn't fit.

There's also a version for people with a will that pours into a living trust. If the specific gifts in the will stay under the caps and the rest goes to a trust that existed before death, the estate can still qualify.

Who inherits if there's no will?

Oregon's intestacy law decides. Oregon isn't a community property state (ORS 112.025 to 112.055).

A surviving spouse takes everything if either of these is true:

You have no children or other descendants, or
All your descendants are also your spouse's descendants.

Blended families are different. If you have a child from an earlier relationship, your spouse takes one-half and your descendants share the rest. A registered domestic partner is treated as a spouse (ORS 106.340).

Anything that doesn't pass to a spouse goes in this order:

Your descendants, by representation.
Your parents.
Your brothers and sisters equally, with a late sibling's children taking that share.
Your grandparents equally, or their descendants.
If nobody qualifies, the State of Oregon.

Notice that friends never appear on this list. If you want a friend, a charity or the neighbor who feeds your cat to receive anything, it has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.

One note on wills: for deaths on or after January 1, 2026, electronic wills aren't valid in Oregon. A will needs paper, your signature and two witnesses (ORS 112.235).

Who serves as personal representative?

Oregon calls the executor a "personal representative." The court prefers people in this order (ORS 113.085):

The personal representative named in the will.
The surviving spouse, if they inherit, or the spouse's nominee.
An heir who inherits.
Anyone else who inherits.
The state's human services or health agency, if public or medical assistance may be recovered.
The Department of Veterans' Affairs, in some cases.
Any other person.

A personal representative is a fiduciary: legally required to act in the estate's interest and follow what the will says.

Oregon has no residency requirement. A son in Atlanta or a niece in Arizona can serve (ORS 113.087 to 113.105). The disqualifications are narrow: being incapacitated or financially incapable, a minor, a suspended or disbarred lawyer, or a funeral service practitioner (with family exceptions).

A bond is required by default. It isn't needed if the will waives it or the personal representative is the only heir, though a court can still require one for good cause.

How does Oregon probate work?

Oregon doesn't use the Uniform Probate Code's informal probate. Probate starts with a petition to the court to appoint the personal representative and admit the will (ORS 113.035). A will can be proved by a witness's affidavit, without anyone testifying in court (ORS 113.055).

For most families, the simple estate affidavit is the main shortcut. Our post on the probate process walks through the steps, and how long probate takes covers timing.

How long do creditors have?

Four months. After appointment, the personal representative publishes a notice once in a county newspaper, and creditors must come forward within four months of that date (ORS 113.155, ORS 115.005).

Within three months of appointment, the personal representative must search for creditors and notify the ones found. Those creditors have the later of four months after publication or 45 days after their notice. Creditors send their bills to the personal representative, not to the court.

How much is the personal representative paid?

Oregon sets a percentage schedule on property under the court's control, including income during administration (ORS 116.173):

7% of the first $1,000
4% from $1,000 to $10,000
3% from $10,000 to $50,000
2% of everything above $50,000

Add 1% of property outside the court's control (not counting life insurance) that is reportable for estate tax. Co-representatives split one fee. A court can allow more for extraordinary work, and if the will sets the pay, that amount controls unless the representative turns it down before appointment. Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Yes, with a transfer-on-death deed. Oregon adopted the uniform law for these deeds (ORS 93.955 to 93.975).

What to know:

It must be recorded in the county deed records before your death.
The beneficiary doesn't have to accept it or even be told.
It's always revocable, even if it says otherwise.
Name people. A deed that names only a group, such as "my children," is void.

A living trust is the other common way to keep a home out of court. An Oregon trust is revocable unless it says it's irrevocable, but it can't be revoked by a will unless the trust allows that (ORS 130.505). Our posts on what a trustee does and how to avoid probate compare the options.

Will my heirs owe Oregon estate tax?

Possibly. Oregon has an estate tax and no inheritance tax. A return is required if the gross estate is $1,000,000 or more, and tax applies above $1,000,000 at rates from 10% to 16%. The return is due 12 months after death (Oregon Department of Revenue, Form OR-706 instructions).

A 2026 bill to raise that threshold did not pass (SB 1511).

Which path fits?

Situation	Likely path
Personal property $75,000 or less and real property $200,000 or less, gross	Simple estate affidavit, 30 days after death
House with a recorded transfer-on-death deed	Passes to the beneficiary without probate
Assets titled in a living trust	Trustee handles them without probate
Anything bigger, or a dispute	Probate petition and a personal representative
Gross estate $1 million or more	Oregon estate tax return due in 12 months

Here is a typical case, a composite. Ruth, 76, lived in Salem and never married. Her house had a recorded transfer-on-death deed naming her two nieces by name. Her bank accounts came to about $60,000. Thirty days after Ruth died, her niece filed a simple estate affidavit for the accounts, and the house passed under the deed.

Some people would rather not leave this to a niece in another state. Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it steps in and settles the estate, that work is charged by the hour, and you see the rates before anything starts.

Before death, the papers that matter most are your powers of attorney. See our Oregon financial power of attorney guide and Oregon medical power of attorney guide.

Common questions

What is the small estate limit in Oregon?

The simple estate affidavit works if personal property is $75,000 or less and real property is $200,000 or less. Both use gross value, with no subtraction for mortgages. The family must wait 30 days after death.

Does a surviving spouse inherit everything in Oregon?

With no will, yes, unless the person who died had a descendant who isn't the spouse's descendant. In that case the spouse takes one-half and the descendants share the rest.

Can someone who lives in another state be a personal representative in Oregon?

Yes. Oregon has no residency requirement for a personal representative. A bond is usually required unless the will waives it.

Does Oregon have an estate tax?

Yes. A return is required for gross estates of $1 million or more, with rates from 10% to 16% above $1 million. Oregon has no inheritance tax.

How long do creditors have in Oregon probate?

Four months after the published notice. Known creditors who get a notice have the later of four months after publication or 45 days after their notice.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesPower of attorney in Oregon: the rules, signing and who to namePower of attorney in Oregon is durable by default and the statute names no witness or notary, but banks aren't forced to accept it. How to do it well.State guidesMedical power of attorney in Oregon: how it works, how to signMedical power of attorney in Oregon: the advance directive form, two witnesses or a notary, who can't witness, and a default list for life support only.State guidesEstate planning by state: guides for all 50 statesEstate planning by state: what stays the same everywhere, what changes, and power of attorney, medical and probate guides for all 50 states.