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By way of introduction, an estate is a small estate if the total value of the assets that need to be administered does not exceed the following values: $200,000 for real property and $75,000 for personal property. Small estates can be administered through a formal probate proceeding, just like larger estates.

Find the Correct Probate Court. The probate court handles issues involving a deceased person's estate, along with potential disputes regarding outstanding debts, issues with heirs, etc. Confirm the Debt. Complete the Claim Form. File the Claim Form.

Godoy. After someone dies, anyone who thinks they are owed money or property by the deceased can file a claim against the estate. Estate claims range from many different types of debts, such as mortgages, credit card debt, loans, unpaid wages, or breach of contract.

Submit your claim directly to the probate court and serve a copy on the personal representative. If you file a formal claim and the personal representative rejects it, you can file suit against the estate within three months of the rejection.

A claim for reasonable financial provision must be made within six months after probate or letters of administration have been issued, although the court can extend this period in certain circumstances (eg if the applicant has not made an earlier claim because of negotiations with the executors or administrators).

If no one moves to open or settle an estate, all assets in the estate could be lost, instead of being distributed to loved ones or other beneficiaries. Probate is not an automatic process. When a loved one dies, a family member or other interested party must petition the probate court to open an estate.

Under Oregon law, a small estate affidavit can be filed if the estate has no more than $75,000 in personal property and no more that $200,000 in real property. These limits may be subject to change. A larger estate may require probate.

Claim Against Estate Form

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What is considered a small estate in Oregon?

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