Probate, Trust Administration, and Simple Estates

What Is a Simple Estate Affidavit?

Some estates can use a simpler court process instead of a full probate proceeding.

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Some estates qualify for a simpler and less expensive process than full probate. A simple estate affidavit may be available for qualifying estates under Oregon law.

As of 2026, Oregon's simple estate limits are not more than $75,000 attributable to personal property and not more than $200,000 attributable to real property.

A recent change to Oregon law also allows the use of the Simple Estate Affidavit process when a "pourover will" devises all property to the decedent's trust, even if the property values exceed the Simple Estate Affidavit limits.

Whether an estate qualifies depends on the type of assets involved, their values, and how title is held. Even when an estate is relatively modest, probate may still be advisable in some circumstances.

An attorney can help determine which process best fits the estate and whether the simple estate route is available and appropriate.

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