Short answer. Oregon: up to $275,000 small estate limit; 30-day wait; sworn affidavit; filed through the court; 2 will witnesses; self-proving affidavit allowed. 11 of 11 state facts below are confirmed on official pages.
This is an organizer, not legal advice. An estate attorney or the county probate/surrogate office answers questions about your situation.
The first 30 days
Work down the list; nothing you tick is saved or sent. The steps are general, the dates come from the official pages.
Sources for the federal steps: Social Security Administration: When someone dies · IRS: Deceased taxpayers, filing the estate income tax return (Form 1041) · power of attorney: Power of attorney at a real estate closing.
The small estate route
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ConfirmedSmall estate limit
The estate's fair market value up to $275,000, with no more than $200,000 in real property and no more than $75,000 in personal property.
"An affidavit can be filed if the fair market value of the estate is $275,000 or less."
Sources: Oregon Judicial Department, Lincoln County Circuit Court: Probate self-help; Oregon SB 15 (2025), enrolled (Oregon Legislature); Oregon Judicial Department, Multnomah County Circuit Court: Probate FAQ, checked November 2026
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ConfirmedReal estate
Real estate counts toward the value, and the procedure can reach it.
Sources: Oregon Judicial Department, Lincoln County Circuit Court: Probate self-help; Oregon SB 15 (2025), enrolled (Oregon Legislature); Oregon Judicial Department, Multnomah County Circuit Court: Probate FAQ, checked November 2026
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ConfirmedWaiting period after the death
30 days. Not less than 30 days after the death.
"Not less than 30 days after the death of the decedent"
Sources: Oregon Judicial Department, Lincoln County Circuit Court: Probate self-help; Oregon SB 15 (2025), enrolled (Oregon Legislature); Oregon Judicial Department, Multnomah County Circuit Court: Probate FAQ, checked November 2026
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ConfirmedNotary or oath
Sworn; a notary can give the oath. Filing the affidavit is swearing that it's true.
"you are swearing that the information in the affidavit is true"
Sources: Oregon Judicial Department, Lincoln County Circuit Court: Probate self-help; Oregon SB 15 (2025), enrolled (Oregon Legislature); Oregon Judicial Department, Multnomah County Circuit Court: Probate FAQ, checked November 2026
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ConfirmedWhere the paperwork goes
Through a court office. Filed with the clerk of the probate court ($124 fee), with a certified death certificate (and the original will, if any); copies go to the Department of Human Services and the Oregon Health Authority.
"with the clerk of the probate court"
Sources: Oregon Judicial Department, Lincoln County Circuit Court: Probate self-help; Oregon SB 15 (2025), enrolled (Oregon Legislature); Oregon Judicial Department, Multnomah County Circuit Court: Probate FAQ, checked November 2026
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ConfirmedOfficial form
Affidavit of Claiming Successor (intestate or testate estate). Linked from the court's probate self-help page.
Source: Oregon Judicial Department, Lincoln County Circuit Court: Probate self-help, checked November 2026
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ConfirmedSimplified court procedure
Small estate affidavit filed with the circuit court: The small estate procedure itself: the court calls it a shorter, less expensive alternative to probate, with no personal representative appointed and no letters issued.
Sources: Oregon Judicial Department, Lincoln County Circuit Court: Probate self-help; Oregon SB 15 (2025), enrolled (Oregon Legislature); Oregon Judicial Department, Multnomah County Circuit Court: Probate FAQ, checked November 2026
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ConfirmedWorth knowing
SB 15 (2025) restates the $75,000 personal and $200,000 real property caps (manufactured homes count with real property) for deaths on or after its effective date.
Source: Oregon SB 15 (2025), enrolled (Oregon Legislature), checked November 2026
The will at probate
How the will had to be signed matters when it's offered to the court.
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ConfirmedWitnesses the will needed
Two witnesses, who each see the testator sign or acknowledge the signature and then sign.
"At least two witnesses shall each:"
Sources: ORS Chapter 112, Intestate Succession and Wills (Oregon Legislature); Justia (statute text) (secondary source): ORS 112.235, Execution of a will (2021 Oregon Revised Statutes, Justia); FindLaw Codes (secondary source): ORS 112.238, Exception to will execution formalities (FindLaw Codes, current as of January 1, 2023); Nolo (secondary source): How to Make a Will in Oregon (Nolo, updated August 2025), checked November 2026
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ConfirmedSelf-proving affidavit
A witness's signature on an affidavit signed at the same time as the will counts as a witness signature. The statute we read doesn't mention a notary.
"executed contemporaneously with execution of a will"
Sources: ORS Chapter 112, Intestate Succession and Wills (Oregon Legislature); Justia (statute text) (secondary source): ORS 112.235, Execution of a will (2021 Oregon Revised Statutes, Justia); FindLaw Codes (secondary source): ORS 112.238, Exception to will execution formalities (FindLaw Codes, current as of January 1, 2023); Nolo (secondary source): How to Make a Will in Oregon (Nolo, updated August 2025), checked November 2026
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ConfirmedIf the will is handwritten
Not recognized as a separate kind of will: every will must be in writing and signed by the testator and two witnesses (ORS 112.235). A document that misses those steps, handwritten or not, can be treated as a will only if a court finds clear and convincing evidence the person meant it as one (ORS 112.238).
"a will shall be in writing and shall be executed in accordance with the following formalities"
Sources: Justia (statute text) (secondary source): ORS 112.235, Execution of a will (2021 Oregon Revised Statutes, Justia); FindLaw Codes (secondary source): ORS 112.238, Exception to will execution formalities (FindLaw Codes, current as of January 1, 2023), checked November 2026
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ConfirmedA witness who inherits
A will signed by an interested witness isn't invalid for that reason.
"A will attested by an interested witness is not thereby invalidated."
Sources: ORS Chapter 112, Intestate Succession and Wills (Oregon Legislature); Justia (statute text) (secondary source): ORS 112.235, Execution of a will (2021 Oregon Revised Statutes, Justia); FindLaw Codes (secondary source): ORS 112.238, Exception to will execution formalities (FindLaw Codes, current as of January 1, 2023); Nolo (secondary source): How to Make a Will in Oregon (Nolo, updated August 2025), checked November 2026
Want us to handle it?
We order certified records, pick up and deliver documents, get the small estate affidavit signed and notarized, and file papers near where the estate is, in any state. We are not lawyers.
Price: Quote-based, from $199 per job plus government and court fees at cost. Starting rates. Your exact price is quoted after we confirm a local notary/runner, before you pay.
Documents to gather
- Safe deposit box location and keys
- Certified death certificates
- The original will and any codicils
- Deeds and mortgage statements
- Vehicle titles and registrations
- Recent bank, brokerage and retirement statements
- Life insurance policies and annuities
- The last few years of tax returns
- Recent bills, loan and credit card statements
- Pension, Social Security and benefit letters
- The official small estate form: Affidavit of Claiming Successor (intestate or testate estate)
Who to notify
Utilities and phone, Landlord or mortgage servicer, Credit card companies, Pension or employer, Social Security (if the funeral home hasn't), Banks and credit unions, Brokerage and retirement accounts, Life insurance companies. A brief letter and a copy of the death certificate usually start each one; note the date and the person you reached.
Documents needed abroad
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ConfirmedA death certificate needed abroad
Apostilles for this state's documents come from the Oregon Secretary of State, Corporation Division. $10 per apostille. Vital records: An original certified copy, not a photocopy.
Source: Oregon Secretary of State, Corporation Division, checked November 2026
Where to ask
An estate attorney or the county probate/surrogate office answers questions about your situation. Official pages for Oregon:
- Oregon Judicial Department, Lincoln County Circuit Court: Probate self-help
- Oregon Judicial Department, Multnomah County Circuit Court: Probate FAQ
Oregon kit
Oregon Executor and Estate Kit
This checklist as printable Word and PDF files: a start-here guide, the first 30 days, the small estate route with its official links, a documents and accounts tracker, plain notification letters (bank, utilities, Social Security), and an Excel estate ledger for assets, debts, payments and distributions.
General information, not legal, tax or financial advice. We are not lawyers, and MCC Solutions is not a law firm. An estate attorney or the county probate/surrogate office answers questions about your situation. Facts checked November 2026.
Common questions
Is there a small estate route in Oregon?
On the official pages we read: The estate's fair market value up to $275,000, with no more than $200,000 in real property and no more than $75,000 in personal property. Through a court office. Filed with the clerk of the probate court ($124 fee), with a certified death certificate (and the original will, if any); copies go to the Department of Human Services and the Oregon Health Authority.
How soon after the death can the Oregon small estate paperwork be used?
30 days. Not less than 30 days after the death.
Does the small estate paperwork in Oregon need a notary?
Sworn; a notary can give the oath. Filing the affidavit is swearing that it's true.
Is there an official Oregon form?
Affidavit of Claiming Successor (intestate or testate estate). Linked from the court's probate self-help page. Link: https://www.courts.oregon.gov/courts/lincoln/help/pages/probate.aspx
How many witnesses did a will in Oregon need?
Two witnesses, who each see the testator sign or acknowledge the signature and then sign.
What about a self-proving affidavit in Oregon?
A witness's signature on an affidavit signed at the same time as the will counts as a witness signature. The statute we read doesn't mention a notary.
Who answers questions about an estate in Oregon?
An estate attorney or the county probate/surrogate office answers questions about your situation. The official pages behind this checklist: Oregon Judicial Department, Lincoln County Circuit Court: Probate self-help. Remember the 30-day wait before the small estate route.
Related: Executor guide by state · Will signing requirements · Estate paperwork help