75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 583
 
                           A-Engrossed
 
                         Senate Bill 235
                   Ordered by the House May 20
             Including House Amendments dated May 20
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary for Oregon State Bar Estate Planning Section)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Increases value of estate for which small estate affidavit may
be filed. Provides that total value of estate may not be greater
than   { - $350,000 - }  { +  $275,000 + }, of which not more
than
  { - $100,000 - }   { + $75,000 + } may be personal property and
not more than
  { - $250,000 - }   { + $200,000 + } may be real property.
 
                        A BILL FOR AN ACT
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   { - $200,000 - }
 { +  $275,000 + } or less;
  (b) Not more than   { - $50,000 - }  { +  $75,000 + } of the
fair market value of the estate is attributable to personal
property; and
  (c) Not more than   { - $150,000 - }  { +  $200,000 + } 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.
  SECTION 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. + }
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