In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In Oregon, the law provides a simplified process for administering small estates that meet certain criteria. Under Oregon Revised Statutes (ORS) 114.505 to 114.560, if the total value of the estate's personal property is $75,000 or less, and the value of the estate's real property is $200,000 or less, the estate may qualify as a 'small estate.' This allows for the use of an affidavit procedure rather than formal probate. The small estate affidavit can be filed by a claiming successor 30 days after the decedent's death to collect the assets without going through the full probate process. The affidavit must be signed by the claiming successor and attested to by a notary public. If real property is involved, a certified copy of the affidavit, along with a death certificate, must be recorded in the county where the property is located. This process is designed to be quicker and less costly than formal probate, but it is important to consult with an attorney to ensure that all legal requirements are met and to determine if this process is appropriate for a particular estate.