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Oregon Probate Guide

Probate in Oregon.

Oregon probate runs on a set of filings and deadlines that start the moment letters are issued. This guide walks you through each step with the actual statute citation and the current small estate threshold.

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At a glance — Oregon probate
Small estate threshold
$275,000
After 45 days
Creditor claim period
4 months from first publication of the creditor notice
ORS 112.245
Administration types
2
independent, supervised
Minimum time to close
~7 months
Shortest realistic path

Types of probate administration in Oregon

Oregon recognizes 2 paths. The right one depends on the will, the value of the estate, and whether all beneficiaries agree.

INDEPENDENT

Less court supervision. Personal representative can act autonomously without court approval for most actions.

Qualifying requirements
  • Authorized by will
  • OR all heirs/devisees consent in writing
Court approval required for
  • Opening the estate
  • Closing the estate
SUPERVISED

Full court oversight. Court approval required for major actions including property sales and distributions.

Qualifying requirements
  • Default if independent not authorized
Court approval required for
  • Opening the estate
  • Property sales
  • Distributions to beneficiaries
  • Closing the estate

The Oregon probate process, step by step

These are the filings ordered the way they actually happen in a typical Oregon estate. Each deadline is keyed to the triggering event — death, letters issued, first publication — and tied to the statute.

  1. 1

    File Will / Petition for Probate

    Deadline: 3 years from death

    File Petition for Probate of Will or Petition for Letters of Administration with Circuit Court

    3 supporting documents
    • Original will (if exists)
    • Death certificate
    • Petition with decedent info, estate value estimate, heirs/devisees
    ORS 111.125
  2. 2

    Publish Notice of Appointment

    Deadline: immediately from letters issued

    Clerk publishes notice in newspaper once weekly for 3 consecutive weeks.

    2 supporting documents
    • Notice of appointment
    • Creditor notice for publication
    ORS 112.245
  3. 3

    File Inventory and Appraisement

    Deadline: 60 days from letters issued

    List all known assets with market values. Include real estate, personal property, financial accounts.

    2 supporting documents
    • Inventory and Appraisement
    • Asset appraisals or affidavit of values
    ORS 113.055
  4. 4

    Creditor Claims Period

    Deadline: 4 months from first publication

    Wait for creditor claims deadline. Personal representative investigates and allows/disallows claims.

    ORS 112.245
  5. 5

    File Account / Final Accounting

    Deadline: After creditor period expires from creditor deadline

    File accounting showing receipt and disposition of all estate property.

    3 supporting documents
    • Account of estate
    • Receipts for debts paid
    • Tax returns filed
    ORS 113.145
  6. 6

    File Proposed Order of Distribution

    Deadline: After accounting approved / debts settled from accounting approved

    Distribute remaining assets to beneficiaries per will or Oregon intestacy law.

    2 supporting documents
    • Order of Distribution
    • Beneficiary receipts
    ORS 113.235
  7. 7

    Close Estate

    Deadline: After all distributions complete from distribution complete

    File final account and obtain court order closing estate and discharging representative.

    3 supporting documents
    • Final account/accounting
    • Order Closing Estate
    • Order Discharging Personal Representative
    ORS 113.345

Creditor notice and claim period

After the personal representative is appointed, a notice to creditors must be published weekly for 3 weeks. Creditors then have a limited window to file claims; claims filed after the deadline are generally barred.

Claim period
4 months from first publication of the creditor notice.

Direct mailing is also required to Each heir, Each devisee, Known creditors (recommended).

Absolute bar
No claims can be filed after 1 year from death regardless of notice
ORS 112.245

Small estate alternative in Oregon

If the gross estate is small enough, Oregon allows a simplified path that skips most of the formal probate machinery. Faster, cheaper, and — done right — every bit as final.

Threshold
$275,000
Gross estate value
Wait period
45 days
After date of death
Publication
Not required
Standard simplified path
Requirements
  • Estate value does not exceed $275,000
  • 45+ days since death
  • No application for letters pending or granted
  • Affiant is person designated in will as personal representative OR any distributee
ORS 111.715 et seq.

Oregon estate and inheritance taxes

Most states don’t charge a separate state-level death tax — but Oregon does. Here’s what applies in addition to the federal estate tax (currently $13,990,000 exemption).

State estate tax
$1,000,000 exemption

Return: Form OR-706 · Deadline: 9 months from death

Where probate is filed in Oregon

Probate is filed in the county where the decedent lived at the time of death. A sample of active Oregon courts:

Circuit Court
Multnomah County County
1021 SW Morrison St, Portland, OR 97214
(503) 988-3018e-filing available
Circuit Court
Marion County County
4701 Commercial St SE, Salem, OR 97302
(503) 588-5000e-filing available
Circuit Court
Lane County County
125 E 8th Ave, Eugene, OR 97401
(541) 682-4020
Circuit Court
Clackamas County County
2200 Kaen Rd, Oregon City, OR 97045
(503) 655-8611

Frequently asked questions

+How long does probate take in Oregon?

Most Oregon estates close in 7–13 months. The floor is set by the creditor claim period (4 months from first publication of the creditor notice.) plus the time to file inventory, settle debts, and prepare the final accounting. Estates with real property sales, tax returns, or disputes run longer.

+Does Oregon have a small estate option?

Yes. If the gross estate is $275,000 or less and at least 45 days have passed since the date of death, you can generally use a small estate affidavit or collection procedure instead of full probate. Citation: ORS 111.715 et seq..

+What types of probate administration does Oregon recognize?

Oregon recognizes independent or supervised administration. independent — Less court supervision. Personal representative can act autonomously without court approval for most actions. supervised — Full court oversight. Court approval required for major actions including property sales and distributions.

+How does Oregon's creditor notice period work?

After the personal representative is appointed, a notice to creditors must be published weekly in a qualifying newspaper for 3 weeks. Creditors then have 4 months from first publication of the creditor notice. Claims filed after the deadline are barred. Citation: ORS 112.245.

+Do I have to hire a Oregon attorney to probate an estate?

Oregon law doesn't strictly require an attorney, but most personal representatives retain one. Court rules, creditor notice requirements, tax returns, and fiduciary accounting obligations create personal liability for the personal representative if they're done incorrectly. A flat-fee attorney through Closewell handles filings, statutory notices, inventory, and accounting with fixed pricing and no hourly billing.

+How much does probate cost in Oregon?

Court filing fees in Oregon typically run $200–$500, plus publication costs of $100–$300 for the creditor notice. Attorney fees are the biggest variable — traditional hourly counsel on a routine estate often bills $5,000–$15,000, while flat-fee services like Closewell price the same work from $1,400–$4,500 depending on complexity. Bond premiums, appraisals, and tax preparation are additional.

We’re not live in Oregon — yet.

Closewell launches state by state so every matter is handled by a licensed attorney in your jurisdiction. Drop your email and we’ll tell you the day a Oregon-licensed attorney is available.

We’ll only email you about Oregon probateavailability — no marketing spam, and you can reply “stop” any time.

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