(1) If the estate of a decedent meets the requirements of subsection (2) of this section, any of the following persons may file an 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 decedentís will.
(2) An affidavit under this section may be filed only if:
(a) The fair market value of the estate is $200,000 or less;
(b) Not more than $50,000 of the fair market value of the estate is attributable to personal property; and
(c) Not more than $150,000 of the fair market value of the estate is attributable to real property.
(3) An affidavit under this section may not be filed until 30 days after the death of the decedent.
(4) An affidavit filed under the provisions of this section must contain the information required in ORS 114.525 and shall be made a part of the probate records.
(5) In determining fair market value under this section, 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.
(6) The clerk of the probate court shall charge and collect a fee of $23 for the filing of any affidavit under this section.
(7) Any error or omission in an affidavit filed under this section may be corrected by filing an amended affidavit within four months after the filing of the affidavit.
(8) One or more supplemental affidavits may be filed at any time after the filing of an affidavit under this section for the purpose of including property not described in the original affidavit. Copies of all previously filed affidavits must be attached to the supplemental affidavit and all information required in ORS 114.525 must be reflected in the supplemental affidavit. A supplemental affidavit may not be filed if by reason of the additional property described in the supplemental affidavit any limitation imposed by subsection (2) of this section is exceeded. [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]
Note: Section 3, chapter 273, Oregon Laws 2005, provides:
Sec. 3. The amendments to ORS 114.515 by sections 1 and 2 of this 2005 Act apply only to decedents who die on or after the effective date of this 2005 Act [January 1, 2006]. [2005 c.273 §3]
Note: Section 15 (19), chapter 860, Oregon Laws 2007, provides:
Sec. 15. (19) In addition to the fee provided for in ORS 114.515 (6), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk of the probate court shall collect a surcharge of $1 upon the filing of an affidavit under ORS 114.515. [2007 c.860 §15(19)]Section: Previous 114.415 114.420 114.425 114.430 114.435 114.440 114.505 114.515 114.520 114.525 114.535 114.540 114.545 114.550 114.555 Next
Last modified: August 7, 2008