SIMPLE estate proceedings
what is a SIMPLE estate proceeding?
A simple estate proceeding is court supervised proceeding for estates below a certain value. It is less costly and involves fewer steps than a probate proceeding.
In order to qualify for a simple estate proceeding, the probate assets of the deceased person’s estate must be below $200,000 total for real property (house, vacation home, land) and $75,000 total for personal property (bank accounts, vehicles, household goods, jewelry, etc).
what are the steps in a simple estate proceeding?
A simple estate proceeding begins with the filing of a simple estate affidavit with the court. The person filing the simple estate affidavit is called the affiant.
The affiant must be an heir or devisee of the deceased person or a creditor of the deceased person’s estate.
After the court accepts the simple estate affidavit for filing, the affiant requests court certified copies of the simple estate affidavit. The court certified copies of the simple estate affidavit show that the affiant has the legal authority to deal with the deceased person’s affairs.
The affiant does not report back to the court, but has a requirement under law to complete certain tasks as part of the simple estate proceeding. These tasks include mailing a copy of the affidavit to the people and organizations listed in affidavit, gathering estate property, paying creditors, and paying taxes.
After completing all of these tasks and after four months have passed, the affiant may distribute any remaining property to the estate beneficiaries.
how do i file a SIMPLE estate proceeding?
I can prepare and file a simple estate affidavit for you and guide you through the simple estate process.
Simple estate proceedings can also be filed without an attorney. Some people choose to complete the simple estate process themselves. Many county circuit courts provide their own instructions and forms for people to file on their own:
Multnomah County Court small estate instructions and form