Oregon Probate Court
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Table of Contents
Probate is a legal process in which a court helps to manage the assets or estates of decedents. This includes checking will validity, paying any money that is owed, and dividing decedents’ properties among their beneficiaries. In Oregon, probate matters are handled by the Circuit Courts in each county.
How the Probate Process Works in Oregon
The Oregon probate process starts when a party files a petition in the Circuit Court of the county where the decedent resided. If the deceased person had a valid will, it is validated in court, and a personal representative or executor is appointed. Otherwise, the court appoints an administrator, who may be a family relative, a bank, or a lawyer.
The personal representative is someone who handles the deceased person’s affairs. They must inform all family members and those owed money about the situation. Next, they should make a list of everything the deceased owned. Thereafter, they need to settle any outstanding debts and pay taxes. Finally, any remaining properties may be divided among the beneficiaries who are supposed to receive them.
Oregon law recognizes a simple estate affidavit (for small assets) and a formal probate process. Most probate processes may be started immediately after death and take between four months and one year to settle, although disputes may lengthen the process.
What Are the Costs of Probate in Oregon?
The costs of probate in Oregon, as listed in the circuit fee schedule, may include court filing fees, executor compensation, and attorney fees. The filing fees differ from one county to another, and executors are also compensated based on a percentage of the assets. In addition, other expenses may include the cost of publication of notices, appraisal fees, and accounting services.
Types of Probate Cases in Oregon
The types of probate cases in Oregon include the following:
- Testate Probate: When a deceased person has left a valid will, it provides instructions for distributing their assets to their beneficiaries.
- Intestate Probate: When no will exists, assets are distributed under the state’s intestate law.
- Formal Probate: Necessary when disputes arise or additional court rulings are required.
- Small Estate Affidavit: When the value of the estate is less than $275,000 (with no more than $75,000 in personal property and $200,000 in real property).
Oregon Probate Court Forms and Filing Instructions
Interested parties may find Oregon probate forms online on the state’s Judicial Branch Form Center and from county Circuit Courts. They may search for common probate forms by topic, like guardianship, accounting, and simple estate affidavits. In addition, they may find filing instructions within each probate form, and more details are available at the local Circuit Court clerk’s office.
How Oregon Probate Courts Work at the County Level
To understand the local filing procedures and probate rules in Oregon, contact the probate court or division in the appropriate clerk’s office at the county Circuit Court. Below are the ten most populous counties with their Probate Courts:
- Multnomah County (Portland) – Largest probate caseload; online forms and docket access.
- Washington County (Hillsboro) – Offers guidance for both formal and informal probate.
- Clackamas County (Oregon City) – Provides probate filing assistance through the court clerk.
- Lane County (Eugene) – Handles small estate affidavits and full estate administration.
- Marion County (Salem) – Probate support available in the Circuit Court clerk’s office.
- Jackson County (Medford) – Provides guidance for simplified probate petitions.
- Deschutes County (Bend) – Streamlined filing options for uncontested estates.
- Linn County (Albany)– Probate matters processed through the county courthouse.
- Douglas County (Roseburg) – Offers probate services, including small estate processing.
- Yamhill County (McMinnville) – Probate handled through the Circuit Court clerk’s office.
How to Search Probate Records in Oregon
Each Circuit Court Clerk is responsible for maintaining probate records in their county. Individuals may search Oregon probate records online through the Oregon Judicial Department’s online records portal (OJCIN). This portal requires a paid subscription before record seekers may access the probate documents. Requesters may also visit the circuit courts where the probate records are filed. Additionally, the public may find some Oregon probate records on the FamilySearch Portal.