ORS § 114.515

Current through legislation effective September 24, 2023
Section 114.515 - [Effective Until 1/1/2024] Value of estate; where affidavit filed; fee; amended affidavit; supplemental affidavit
(1) If the estate of a decedent meets the requirements of ORS 114.510, any of the following persons may file a small estate affidavit with the clerk of the probate court in any county where there is venue for a proceeding seeking the appointment of a personal representative for the estate:
(a) One or more of the claiming successors of the decedent.
(b) If the decedent died testate, any person named as personal representative in the decedent's will.
(c) The Director of Human Services, the Director of the Oregon Health Authority or an attorney approved under ORS 114.517, if the decedent received public assistance as defined in ORS 411.010, received medical assistance as defined in ORS 414.025 or received care at an institution as defined in ORS 179.010, and it appears that the assistance or the cost of care may be recovered from the estate of the decedent.
(2) A person may not file a small estate affidavit if:
(a) The person would be disqualified from acting as a personal representative under ORS 113.095; or
(b) The person has been convicted of a felony in Oregon or in another jurisdiction.
(3) A small estate affidavit may not be filed until 30 days after the death of the decedent.
(4) A small estate affidavit must contain the information required in ORS 114.525 and shall be made a part of the probate records. If the affiant is an attorney approved by the Director of Human Services or the Director of the Oregon Health Authority, a copy of the document approving the attorney must be attached to the affidavit.
(5) The clerk of the probate court shall charge and collect the fee established under ORS 21.145 for the filing of a small estate affidavit, except that a fee may not be charged or collected for the filing of an amended affidavit.
(a) Except as provided in subsection (7) of this section, the affiant shall file an amended small estate affidavit in the following circumstances:
(A) To correct a material error or omission in a previous affidavit.
(B) To include property not described in a previous affidavit.
(b) The amended affidavit must include all information required under ORS 114.525 and state the value of the property as of the date used to prepare the original affidavit.
(7) If the fair market value of the property of the estate exceeds the value limitations for a small estate under ORS 114.510, an affiant may not file an amended small estate affidavit under subsection (6) of this section and the affiant's authority with regard to the estate is terminated, except that the affiant shall deliver assets of the estate in the affiant's possession upon request by a personal representative appointed under ORS 113.085. The affiant shall promptly file notice with the court that the estate of the decedent is not subject to ORS 114.505 to 114.560 and shall serve a copy of the notice on each person who received a copy of the previous affidavit.
(8) The clerk of the probate court may acknowledge a small estate affidavit upon presentation of the identification of the affiant and the affiant's statement under penalty of perjury.

ORS 114.515

Amended by 2022 Ch. 68,§ 6, eff. 3/23/2022, op. 1/1/2023.
Amended by 2019 Ch. 165,§ 4, eff. 1/1/2020.
Amended by 2013 Ch. 688,§ 17, eff. 7/29/2013, op. 1/1/2014.
1973 c.710 §§3, 8; 1977 c.239 §2; 1979 c.467 §1; 1981 s.s. c.3 §36; 1985 c.368 §1; 1985 c.496 §6; 1987 c.586 §28; 1989 c.228 §2; 1989 c.856 §1; 1995 c.682 §1; 1997 c.447 §1; 1997 c.801 §32; 2003 c. 737, §§ 59, 60; 2005 c. 122, §§ 1, 2; 2005 c. 273, §§ 1, 2; 2005 c. 702, §§ 69, 70, 71; 2009 c. 262, § 7; 2009 c. 413, § 1; 2009 c. 828, § 10; 2011 c. 595, § 22

Section 2, chapter 413, Oregon Laws 2009, provides:

Sec. 2. The amendments to ORS 114.515 by section 1 of this 2009 Act apply only to decedents who die on or after the effective date of this 2009 Act [January 1, 2010]. [ 2009 c. 413, § 2 ]

This section is set out more than once due to postponed, multiple, or conflicting amendments.