Free Oregon Affidavit of Heirship Form

Oregon Affidavit of Heirship Form

Oregon does not use a traditional heirship affidavit to transfer real property but has its own Small-Estate Affidavit procedure that can be used to cover both personal and real property for estates limited in value. The reason why the Oregon Affidavit of Heirship Form is used in this situation is that the practice of receiving property by heirs without facing a long process of probate is made possible by the legal documentation.

What Is an Affidavit of Heirship Form in Oregon?

An Affidavit of Heirship is a court document that is signed under oath to determine heirs and permission to transfer assets to them. This is done in the Small-Estate Affidavit rules in the ORS Chapter 114 that can be used where the estate contains no more than $75,000 of personal property and up to $200,000 of real property in Oregon. It enables heirs or other entitled recipients to manage property and distribute property without going through formal probate.

Eligibility for the Small-Estate Affidavit

• To use this process, certain requirements must be met:

  • It is at least 30 days (60 days when filed by a creditor) after the death of the decedent.

  • The expanded estate is not above the limits of property value.

  • In Oregon no personal representative has been appointed.

  • The filing is by an heir, devisee, personal representative, or qualifying creditor.

As an example, a Salem family can use this affidavit in the transfer of a home and personal estates should the total estate value be equal to these attributes.

Information Required in the Affidavit

• Under ORS 114.515 and 114.525, the affidavit must include:

  • Decedent’s details: name, last residence, date and place of death, will status.

  • Names and addresses of all heirs or devisees.

  • Description and fair market value of each asset, including legal descriptions for real estate.

  • List of known creditors and outstanding claims.

  • Statement confirming no personal representative has been appointed.

After having been filed, copies have to be sent or delivered within the space of 30 days to heirs, creditors, and state agencies concerned.

How the Process Works

A copy of the filed affidavit stamped by the court can then be presented to the bank, title offices and other asset holders. It is legally mandated that these institutions are free to release property and are not liable for it.

In order to transfer real property in Portland or Eugene, a deed should be filed with the affidavit. Failure to open property within four months, the affiant can prioritise distillation of the property pursuant to the law or the will of the deceased.

Benefits of Using the Affidavit

• • Faster Resolution – Avoids the delays of formal probate.

  • Cost Savings – Reduced court involvement means fewer legal expenses.

  • Flexibility – Covers both personal and real property within the value limits.

  • Legal Protection – Institutions and good-faith purchasers are protected once the affidavit process is followed.

In Bend, this process can be especially useful for families managing a modest estate with both a primary residence and personal assets.

Limitations and Responsibilities

• While this process offers significant advantages, it also carries responsibilities:

  • The affiant acts as a fiduciary and can be held accountable for proper distribution.

  • Creditors have four months to challenge distributions.

  • Estates exceeding the value limits require full probate.

  • This is not a standalone “affidavit of inheritance sample” for informal use- it is a statutory process with formal filing requirements.

Common Uses of the Oregon Affidavit of Heirship Form

• • Property Transfer – Recording the affidavit with a deed to update property ownership.

  • Bank Accounts – Presenting it to release funds in local financial institutions.

  • Vehicle Titles – Retitling cars or boats without probate involvement.

  • Mineral Rights or Land – Securing transfers for rural property holdings.

Steps to Complete the Affidavit

• 1. Verify Estate Value – Ensure that the valuation of the total property is within its limits.

  2. Gather Required Information – Put in all the names of heirs, descriptions of property and even creditor information.

  3. Prepare the Affidavit – Make sure that it qualifies to use the statutory guidelines as put in ORS 114.505-114.560.

  4. File in Court – File with the right county where the decedent resided.

  5. Distribute Copies – Give to all heirs, all who are entitled to and all the interested agencies.

  6. Record Deed if Needed – In the case of real estate, record the transfer in the county property records.

You may be able to make and download a legally binding Oregon Affidavit of Heirship Form in a ready-to-use format at https://forms.legal/. The form considers the statutory requirements of Oregon to simplify the transfer of assets process, thus being legally viable.