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Oregon Revised Statutes

Or. Rev. Stat. § 114.505 (2026)

Definitions for ORS 114.505 to 114.560

✓ current as of May 2026
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      114.505 Definitions for ORS 114.505 to 114.560. As used in ORS 114.505 to 114.560:

      (1) “Affiant” means the person or persons signing a simple estate affidavit.

      (2) “Claiming successors” means:

      (a) If the decedent died intestate, the heir or heirs of the decedent, or if there is no heir, an estate administrator of the State Treasurer appointed under ORS 113.235;

      (b) If the decedent died testate, the devisee or devisees of the decedent; and

      (c) Any creditor of the estate entitled to payment or reimbursement from the estate under ORS 114.545 (1)(f) who has not been paid or reimbursed the full amount owed such creditor within 60 days after the date of the decedent’s death.

      (3) “Simple estate affidavit” means an affidavit or amended affidavit filed under ORS 114.515. [1973 c.710 §2; 1977 c.239 §1; 1979 c.340 §1; 1979 c.467 §3; 1989 c.228 §1; 2003 c.395 §14; 2005 c.22 §92; 2015 c.146 §2; 2019 c.165 §1; 2019 c.678 §40; 2023 c.17 §9]

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1955–2026 · leading case: State v. Patton, 238 P.3d 439 (Or. Ct. App. 2010).
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State v. Patton, 238 P.3d 439 (Or. Ct. App. 2010). “” ORS 114.505(3). As the state correctly concedes, the property of a decedent is not a human being; nor is it a public or private corporation, an unincorporated association, or a government entity.”
Sather v. Saif Corp., 347 P.3d 326 (Or. 2015). “005(15) (so defining “estate” for purposes of the probate code); see also ORS 114.505(3) (so defining “estate” for purposes of small estate procedure).”
Wheeler v. Williams, 900 P.2d 1076 (Or. Ct. App. 1955). “William’s estate was administered pursuant to ORS 114.505 et seq, as a small estate. That proceeding had been initiated in May 1992, with the filing of an “Affidavit of Claiming Successor.”
In Re Complaint as to the Conduct of Jordan, 712 P.2d 97 (Or. 1985). “After Gordon Felland died intestate on February 25, 1982, his sister, Margaret Miller, retained the accused to handle the Felland estate (a small estate under ORS 114.505 to 114.555). The estate’s only valuable assets were a 1981 Subaru automobile and an unused premium refund…”
Givan v. State (In re Est. of Nelson), 410 P.3d 311 (Or. Ct. App. 2017). · cites it 4× “515, triggering the small estate procedures in ORS 114.505 to 114.560. Various claims were made against the estate, including (1) a claim by the Department of Human Services (DHS) in the amount of $49,004 for repayment of public assistance; (2) a claim by Nelson that included…”
Credit Assocs., Inc. v. Blevins (Bankr. D. Or. 2020). “52 ORS 114.505(3), 114.515(2) (2017). 53 ORS 114.”
Farmers New World Life Ins. Co. v. Advanced Surgical Care, LLC; Advanced Surgical Care GI Diagnostics, LLC; Est. of Marinus Koning, by & through its Affiant Patricia O. O’Neill (D. Or. 2026). “DISCUSSION Cross Complainant, Decedent’s widow, purports to represent the Estate as a simple estate affiant under Oregon’s Simple Estate Law, ORS 114.505 to 114.560, which provides “a statutory scheme that provides a process for the administration of small estates in the…”
Sather v. SAIF (Or. 2015). “005(15) (so defining “estate” for purposes of the probate code); see also ORS 114.505(3) (so defining “estate” for purposes of small estate procedure).”
Comput. Concepts, Inc., Profit Sharing Plan v. Brandt, 858 P.2d 899 (Or. Ct. App. 1992). “105 provides: “Execution shall not issue against the property of a deceased party, but such judgment shall be paid as a claim against the estate of the deceased party in the manner prescribed by ORS chapter 115 or ORS 114.505 to 114.560.” ORS 22.020(1) provides: “In any cause,…”
Heiller v. Nelson, 872 P.2d 26 (Or. Ct. App. 1994). “105 provides: “Execution shall not issue against the property of a deceased party, but such judgment shall be paid as a claim against the estate of the deceased party in the manner prescribed in ORS chapter 115 [probate] or ORS 114.505 to 114.560 [small estate affidavits].”
— Or. Rev. Stat. § 114.505(2) — 1 case
Givan v. State (In re Est. of Nelson), 410 P.3d 311 (Or. Ct. App. 2017). “515, triggering the small estate procedures in ORS 114.505 to 114.560. Various claims were made against the estate, including (1) a claim by the Department of Human Services (DHS) in the amount of $49,004 for repayment of public assistance; (2) a claim by Nelson that included…”
— Or. Rev. Stat. § 114.505(3) — 4 cases
State v. Patton, 238 P.3d 439 (Or. Ct. App. 2010). “” ORS 114.505(3). As the state correctly concedes, the property of a decedent is not a human being; nor is it a public or private corporation, an unincorporated association, or a government entity.”
Sather v. Saif Corp., 347 P.3d 326 (Or. 2015). “005(15) (so defining “estate” for purposes of the probate code); see also ORS 114.505(3) (so defining “estate” for purposes of small estate procedure).”
Credit Assocs., Inc. v. Blevins (Bankr. D. Or. 2020). “52 ORS 114.505(3), 114.515(2) (2017). 53 ORS 114.”
Sather v. SAIF (Or. 2015). “005(15) (so defining “estate” for purposes of the probate code); see also ORS 114.505(3) (so defining “estate” for purposes of small estate procedure).”
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