Probate in Oregon

Overview

Oregon does not follow the Uniform Probate Code, instead operating under its own probate laws found in Oregon Revised Statutes Chapter 111–118. Probate cases are handled by the Circuit Court in the county where the decedent resided. Oregon is notable for allowing real property to be transferred through its simple estate affidavit process — a feature uncommon among states. The 2023 legislature renamed the 'small estate affidavit' to 'simple estate affidavit' (SB 308), reflecting its accessibility.

Key Facts

• Governing Law: Oregon Revised Statutes, Chapters 111–118 (Probate Law)
• Court: Circuit Court
• Small Estate Threshold: $75,000 (personal property)
• Typical Timeline: 6 to 12 months for standard estates; complex estates may take 1–2 years
• Follows UPC: No

What Makes Oregon Unique

• Simple Estate Affidavit with Real Property — Oregon uniquely allows both personal and real property to be transferred through the simple estate affidavit process, with separate thresholds of $75,000 for personal property and $200,000 for real property (combined $275,000 total).
• 30-Day Waiting Period — The simple estate affidavit requires a 30-day waiting period after death before filing. The affidavit must be filed with the probate court and notarized.
• 2023 Name Change (SB 308) — The 2023 legislature renamed the process from 'small estate affidavit' to 'simple estate affidavit' to better reflect its purpose and reduce stigma associated with the term 'small.'
• Creditor Claims on Affidavit Estates — Even with a simple estate affidavit, creditors may file claims within 4 months of filing, providing important creditor protections.
• No State Estate Tax for Most Estates — Oregon has a state estate tax, but it only applies to estates over $1 million, leaving the majority of estates unaffected.

Probate Process Steps

1. File petition for probate with the Circuit Court in the county of residence
2. Court appoints personal representative and issues letters testamentary or of administration
3. Notify known creditors and publish notice to creditors in a newspaper of general circulation
4. Inventory and appraise all estate assets
5. Allow creditor claims period (4 months from first publication of notice)
6. Pay valid debts, taxes, and administration expenses
7. File federal estate tax return if applicable (no state estate tax in Oregon for most estates)
8. Prepare final accounting
9. Petition for final distribution and court approval
10. Distribute assets according to will or intestacy law

Costs & Fees

Fee Structure: Oregon does not have a statutory fee schedule for attorneys or personal representatives. Fees are based on reasonable compensation, typically determined by hourly rates and estate complexity. Personal representative compensation must be reasonable and is subject to court review.

Typical Attorney Fees: Hourly rates typically $200–$400/hour; flat fees of $2,500–$7,000 for simple estates

Non-Lawyer Fees: $300 – $1,500 including court filing fees ($124 for simple estate affidavit), publication costs ($100–$300), recording fees for real property, and certified copies

The simple estate affidavit process significantly reduces costs for qualifying estates. Filing fee for the affidavit is $124 (as of 2024). Full probate costs are substantially higher due to attorney fees, multiple court filings, and extended administration time.

Frequently Asked Questions