ORS 114.510 Simple estate criteria

A person who meets the requirements of ORS 114.515 may file a simple estate affidavit only with regard to an estate in which:

Not more than $75,000 of the fair market value of the estate is attributable to personal property; and

Not more than $200,000 of the fair market value of the estate is attributable to real property; or

The decedent died testate and:

Not more than $75,000 of the fair market value of the estate is attributable to specifically devised personal property;

Not more than $200,000 of the fair market value of the estate is attributable to specifically devised real property; and

The balance of the fair market value of the estate is attributable to property that is devised to the trustee of a trust of which the decedent was a settlor, as defined in ORS 130.010, and which came into existence prior to the decedent’s date of death.

The fair market value of the estate under subsection (1) of this section shall be determined:

As of the date of death; or

If the date of death is more than one year before the date of filing of the affidavit, as of a date within 45 days before the filing of the affidavit.

In determining fair market value under this subsection, the fair market value of the entire interest in the property included in the estate shall be used without reduction for liens or other debts.