Purpose of Small Estate Affidavit
This affidavit is a legal document used in Oregon to facilitate the transfer of a deceased person's estate when its total value is below specified thresholds. It serves to simplify the probate process for small estates, allowing heirs to claim property without undergoing full probate proceedings.
When this form may be needed
This form is typically used in the following situations:
- The total value of the deceased's personal property is less than $75,000.
- The total value of the deceased's real property is less than $200,000.
- The estate does not require formal probate due to its small size.
- The decedent has passed away more than 30 days prior to filing the affidavit.
Intended audience of Small Estate Affidavit
This affidavit is intended for:
- Heirs of a deceased person who need to claim property.
- Devisees named in a will who are entitled to inherit property.
- Individuals responsible for settling the estate of a decedent.
Structure of this document
The affidavit includes several important sections, such as:
- Affiant Information: Details about the person filing the affidavit.
- Decedent Information: Information about the deceased, including name, age, and date of death.
- Estate Property: A description of the estate's assets, including real and personal property.
- Heirs and Devisees: Identification of individuals entitled to inherit from the estate.
- Creditors: A section to list any unpaid claims against the estate.
Instructions for Small Estate Affidavit
Follow these steps to fill out the affidavit:
- Identify the affiant: Provide your name and address as the person filing the affidavit.
- Detail the decedent: Fill in the decedent's name, age, social security number, and date of death.
- List the estate's property: Describe the real and personal property, including fair market values.
- Indicate the county: Specify the county where the affidavit will be filed and where the decedent lived or owned property.
- List heirs and devisees: Provide names and addresses of all heirs and any devisees if a will exists.
- Sign and notarize: Sign the affidavit in front of a notary public to validate the document.
What changes based on your state
This affidavit is specifically designed to comply with Oregon laws regarding small estates. It follows the guidelines set forth in the Oregon Revised Statutes, which outline the requirements for filing a small estate affidavit, including property value limits and the necessary information to include.
Advantages of the online version
Accessing the Oregon Small Estate Affidavit online offers several advantages:
- Convenience: Download and complete the form at your own pace, from anywhere.
- Editability: Easily make changes or updates as needed before finalizing the document.
- Legal reliability: Ensure you are using the most current version of the form that complies with state requirements.
