(1) A person who meets the requirements of ORS 114.515 may file a simple estate affidavit only with regard to an estate in which: (a)(A) Not more than $75,000 of the fair market value of the estate is attributable to personal property other than manufactured homes; and (B) Not more than $200,000 of the fair market value of the estate is attributable to the combined fair market value of real property and manufactured homes; or (b) The decedent died testate and: (A) Not more than $75,000 of the fair market value of the estate is attributable to personal property other than manufactured homes that is specifically devised to devisees other than the trustee of a trust described in subparagraph (C) of this paragraph; (B) Not more than $200,000 of the fair market value of the estate is attributable to real property and manufactured homes that is specifically devised to devisees other than the trustee of a trust described in subparagraph (C) of this paragraph; and (C) The balance of the fair market value of the estate is attributable to property that is devised to the trustee of a trust of which the decedent was a settlor, as defined in ORS 130.010, and which came into existence prior to the decedents date of death. (2)(a) The fair market value of the estate under subsection (1) of this section shall be determined: (A) As of the date of death; or (B) If the date of death is more than one year before the date of filing of the affidavit, as of a date within 45 days before the filing of the affidavit. (b) In determining fair market value under this subsection, the fair market value of the entire interest in the property included in the estate shall be used without reduction for liens or other debts. (3) As used in this section, manufactured home means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction.
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