Probate Attorney Services

Oregon has two different probate procedures. The simplified probate procedure is known as the simple estate affidavit process (formerly the small estate affidavit). This type of probate is straightforward, allowing for the filing of an affidavit with the court to clear title. The person handling the probate, known as the affiant, must provide certain notices, and the decedent’s creditors may submit claims against the estate.

The simple estate affidavit process can only be used if the assets requiring a probate are up to $200,000 for real property and up to $75,000 for cash assets and personal property. If there is a will, the original will must be presented to the court.  The simple estate affidavit process can now also be used if the decedent left a “pour-over will” that leaves assets, regardless of their value, to a trust that the person had created during life.

Glossary of Terms

Decedent

“Decedent” means a person who has died. ORS 111.005(8).

Will

“Will” includes codicil and also includes a testamentary instrument that merely appoints a personal representative or that merely revokes or revives another will. ORS 111.005(31).

Intestate Succession

“Intestate succession” means succession to property of a decedent who dies intestate or partially intestate. ORS 111.005(21).

Intestate

“Intestate” means one who dies without leaving a valid will, or the circumstance of dying without leaving a valid will, effectively disposing of all the estate. ORS 111.005(20).

Devisees

“Devisee” means a person designated in a will to receive a devise. ORS 111.005(12).

Heir

“Heir” means any person who is or would be entitled under intestate succession to property of a person upon that person’s death. ORS 111.005(18).

Estate

(a) “Estate” means the real and personal property of a decedent, as from time to time  changed in form by sale, reinvestment, substitutions or otherwise, augmented by any accretions or additions or diminished by any decreases or distributions.

(b) “Estate” includes tangible and intangible personal property of a decedent domiciled in Oregon, wherever the property is situated. ORS 111.005(15).

Personal Representative

“Personal representative” includes executor, administrator, administrator with will annexed and administrator de bonis non, but does not include special administrator. ORS 111.005(26). In other words, the personal representative is the person who is appointed in the will or by the court to administer the decedent’s estate.

Interested Person

“Interested person” includes heirs, devisees, children, spouses, creditors and any others having a property right or claim against the estate of a decedent that may be affected by the proceeding. “Interested person” also includes fiduciaries representing interested persons. ORS 111.005(19).