Chapter 273 Oregon Laws 2005

AN ACT

HB 2547

Relating to small estates; creating new provisions; and amending ORS 114.515.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 114.515 is amended to read:

114.515. (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 decedent’s will.

(2) An affidavit under this section may be filed only if:

(a) The fair market value of the estate is [$140,000] $200,000 or less;

(b) Not more than $50,000 of the fair market value of the estate is attributable to personal property; and

(3) An affidavit under this section may not be filed until 30 days after the death of the decedent. 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. 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.

(4) The clerk of the probate court shall charge and collect a fee of $21 for the filing of the affidavit.

(5) An affidavit filed under this section may be amended by a new affidavit containing the information required in ORS 114.525 filed by one or more of the claiming successors within four months after the filing of the prior affidavit.

(6) In addition to the fee provided for in subsection (4) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the probate court shall charge and collect a surcharge of $6 upon the filing of an affidavit under this section.

SECTION 2. ORS 114.515, as amended by section 60, chapter 737, Oregon Laws 2003, is amended to read:

(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.

(2) An affidavit under this section may be filed only if:

(a) The fair market value of the estate is [$140,000] $200,000 or less;

(b) Not more than $50,000 of the fair market value of the estate is attributable to personal property; and

(4) The clerk of the probate court shall charge and collect a fee of $23 for the filing of the affidavit.

SECTION 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.

Approved by the Governor June 20, 2005

Filed in the office of Secretary of State June 21, 2005

Effective date January 1, 2006

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