SIMPLE OR SMALL ESTATES = NO PROBATE

When a person dies there are several ways that their assets can be distributed. With, or without, a will if the value of the assets exceeds the limit for what is considered a Simple Estate in Oregon, or a Small Estate in California, then the distribution will be controlled by a court supervised probate process. Probate is used whether there is a will, or not, when no other means of asset transfer has been set-up before death and the value exceeds that which is allowed in a Small Estate process. The full probate process can be costly and time consuming, depending on the requirements of the state. A simple or small estate affidavit process is still a function of the probate court, however it is generally far less costly and time consuming.

However, when assets are below a statutory maximum for probate, with or without a will, a simpler alternative process to the full probate process may be used, which is commonly referred to as a Simple Estate (previously a Small Estate in Oregon) Affidavit process. The circumstances and value necessary to qualify for a Simple or Small Estate depends on the governing law in a particular state. Currently, in Oregon, if the estate of the deceased contained no more than $200,000 worth of real estate and $75,000 dollars in non-real estate assets, the simple estate process may be utilized to distribute the assets. Even better, the State of Oregon enacted a change to the Simple Estate process in January of 2024, which provides in part that a Trustee, acting under a Pour over Will on behalf of a Trust enacted prior to the death of the testator (person who died), may file a Simple Estate Affidavit to claim for the sole beneficiary Trust any asset from the testator's estate, regardless of value. While the process still involves filing an affidavit with the probate court and paying a small filing fee, the process is far cheaper, quicker and easier than full probate, hence the reason I refer to it as "Probate Lite." To see if your situation may qualify for a simple estate process, search "Simple Estates" or "Small Estates) and insert the name of your state. You should see information regarding the circumstances and asset levels that qualify in your state. However, be careful of websites that masquerade as "official" websites, when in reality they are just official looking advertisements for persons who want to charge for assisting you through the process. There is nothing wrong with paying a professional to assist with the process, but realize that a Simple or Small Estate process should cost much less than full probate and you should shop around for services and fees.

DISCLAIMER:  As always, this information is general in nature and is not intended as specific legal advice, or to create and attorney client relationship. For complete information you should consult a qualified attorney in your area.