Oregon route screening

Oregon small-estate limit: $75,000

Oregon's simple (small) estate affidavit can qualify under two fair-market-value caps: not more than $75,000 in personal property other than manufactured homes and not more than $200,000 in real property and manufactured homes.

Sources reviewed August 9, 2026. Sources rechecked October 3, 2026. This page last revised November 3, 2026.

1. Where and when

StateOregonFixed to this page. Open the navigator to compare another state.Date of deathRequired. Without it no waiting period can be tested and the route stays undecided.

2. What they left

Asset 1

DescriptionValue$Not entered. A blank amount is not counted as zero.Enforceable liens or mortgage$Not entered. Enter 0 if there is no lien.OwnershipThis is real property

Asset 2

DescriptionValue$Not entered. A blank amount is not counted as zero.Enforceable liens or mortgage$Not entered. Enter 0 if there is no lien.OwnershipThis is real propertyWill it be sold during administration?Some court charges are assessed on sale proceeds and exclude real property that is kept, so this changes the amount.

Ownership determines whether an asset usually enters probate. Choose “Not sure” when title or beneficiary status has not been confirmed.

Private by design: entries stay in this browser.

Your working estimate

Oregon estate snapshot

Route check

More information is needed

Counted probate estate: not yet counted

A valid date of death is required before any waiting period can be tested.

Gross probate propertyNot yet counted

Court chargeMore information neededPetition for appointment of personal representative2 asset entries have no value entered. A blank amount is not treated as zero, so the charge cannot be computed.Court charges only, for the proceeding named beside each figure. That proceeding is not always the route screened above.

Scheduled executor compensationMore information needed2 asset entries have no value entered.ORS 116.173 sets a percentage commission on the property subject to the jurisdiction of the court (property owned at death subject to administration, plus income received, gains, and certain other amounts): 7% of the first $1,000; 4% of the next amount up to $10,000; 3% of the next up to $50,000; and 2% of all above $50,000. A SEPARATE 1% applies to property not subject to the jurisdiction of the court but reportable for Oregon or federal estate-tax purposes, so the tiered schedule does NOT apply to a single accounting figure. Additional compensation is allowed for extraordinary/unusual services.

This route check is general information, not legal advice. It does not test every eligibility condition, creditor issue, will provision, local fee, or asset-title fact.

Alternatively, if the decedent died with a will, those caps can apply only to property specifically devised to people other than the trustee of a trust the decedent established before death, with the rest of the estate devised to that trustee (ORS 114.510(1)(b)). Use the fair market value of the entire interest without reducing it for liens or debts. Value the estate as of death or, if death was more than one year before filing the affidavit, as of a date within 45 days before filing (ORS 114.510(2)(a)). The affidavit may not be filed until 30 days after death. Filing fee is $124 (ORS 21.145).

Where the limit comes from

Is this the limit that applies?

$75,000 is the limit in ORS 114.505 to 114.560 as it read on October 3, 2026; confirm it with the probate court before you file.

Controlling citation: ORS 114.505 to 114.560, ORS Chapter 114, Small Estates (Simple Estate Affidavit) (Oregon Legislature; 2025 EDITION).

The section’s own words

Not more than $75,000 of the fair market value of the estate is attributable to personal property other than manufactured homes

How the Oregon screen is measured

Procedure	Simple estate affidavit
What counts	The probate estate within the statute’s scope, so solely owned real property can count
Value basis	Gross value; liens are not subtracted
Waiting period	30 days after death

The Oregon caveats that can change this answer are listed once, on the Oregon overview.

The official Oregon path

Oregon Judicial Department estate (probate) forms — Oregon Judicial Department
Oregon Judicial Department courts directory — Oregon Judicial Department

What a small-estate screen can and cannot decide, and which assets never enter it, is explained once in small-estate affidavit or probate and what counts as a probate asset.

Oregon splits its threshold in two, and counts manufactured homes with the real property

Oregon’s simple estate affidavit is governed by ORS 114.510 and 114.515. The criteria are not a single ceiling: not more than $75,000 of the fair market value of the estate may be attributable to personal property other than manufactured homes, and not more than $200,000 may be attributable to the combined fair market value of real property and manufactured homes.

Both limits must be satisfied, and the classification of a manufactured home matters. A manufactured home is counted against the $200,000 real-property limit rather than the $75,000 personal-property limit, which is the opposite of how most states treat a chattel.

Timing of the valuation is fixed by ORS 114.510(2)(a): fair market value is determined as of the date of death, or, if the date of death is more than one year before the affidavit is filed, as of a date within 45 days before filing. A testate estate has an additional route under subsection (1)(b), which measures the two limits against property specifically devised to devisees other than the trustee of a qualifying pre-death trust, with the balance passing to that trustee.

ORS 114.515 sets who may file: one or more claiming successors; where the decedent died testate, any person named as personal representative in the will; and the Director of Human Services, the Director of the Oregon Health Authority, or an attorney approved under ORS 114.517, where the decedent received public assistance or medical assistance. The affidavit is filed with the clerk of the probate court in a county where venue would lie for appointing a personal representative.

Source: ORS 114.510, 114.515, read from the enacting state’s own official publication on 2026-09-17. Quoted wording is the statute’s; the surrounding explanation is this site’s reading of it and is not legal advice.

Controlling source

Statute

ORS 114.505 to 114.560

ORS Chapter 114, Small Estates (Simple Estate Affidavit)