Oregon Probate Process

Oregon Probate Process — Best Proven Guide (2026)

By Oleg Kachko · Updated June 11, 2026

✓ Verified June 2026

This guide explains the Oregon probate process in plain English — which court handles it, how long it takes, what it costs, and how families can sometimes skip it. All figures are from Oregon law, verified as of June 2026.

Oregon Probate at a Glance

Here are the key facts about the Oregon probate process:

Court that handles probate Circuit Court (each of Oregon’s 36 counties has a circuit court with probate jurisdiction; there is no separate probate court)
Probate types available Full probate administration (one standard process — Oregon does NOT distinguish formal vs. informal like UPC states); Simple estate affidavit (ORS 114.505–114.560) for estates with personal property up to 75000 fair market value and real property up to 200000 fair market value
Typical timeline 6 to 9 months for a standard uncontested estate; the legal minimum is roughly 4 months, driven by the mandatory 4-month creditor claim period under ORS 115; complex or contested estates may take 12 to 18 months or longer
Fastest option Simple estate affidavit (ORS 114.505–114.560) — may be filed as early as 30 days after death and is complete upon filing; available when personal property does not exceed 75000 and real property does not exceed 200000 in gross fair market value (liens and debts do not reduce the value for eligibility)
Fee structure STATUTORY-FEE state for personal representative (executor) compensation under ORS 116.173, calculated as a percentage of the whole estate: 7% on the first 1000, 4% on the next 9000 (1001–10000), 3% on the next 40000 (10001–50000), and 2% on everything above 50000; an additional 1% is allowed on non-probate property reportable for Oregon or federal estate tax (excluding life insurance); the court may allow extra just-and-reasonable compensation for extraordinary services; attorney fees are NOT statutory — they must be reasonable and are subject to court approval
Typical total cost For a mid-size estate (around 500000), many families can expect roughly 2 to 4 percent of the estate in combined personal representative commission, attorney fees, filing fees, and publication costs; smaller estates under 75000 may qualify for the simple estate affidavit with minimal cost
Court filing fee Tiered by estate value under ORS 21.170 — estates under 50000: 278; estates 50000 to under 1000000: 591; estates 1000000 to under 10000000: 882; estates 10000000 or more: 1176; additional accounting-filing fees apply (35 for estates under 50000, 298 for estates 50000 to under 1000000, 591 for estates 1000000 to under 10000000, 1176 for estates 10000000 or more)
Executor compensation Statutory percentage under ORS 116.173 — 7% on the first 1000, 4% on the next 9000, 3% on the next 40000, 2% on amounts above 50000; 1% additional on non-probate property subject to estate tax (excluding life insurance); if multiple personal representatives serve, total compensation is not increased but divided among them; if the will specifies compensation, the PR must accept it or file a written renunciation before appointment to claim statutory rates instead
⚠ In Oregon, you generally have Oregon has no strict statutory deadline to open probate after death; however, the simple estate affidavit cannot be filed until 30 days after death, and prompt filing is strongly advisable to protect estate assets and start the 4-month creditor claim period; a surviving spouse must file an elective share motion within 9 months of the spouse’s death to open probate after a death. Do not wait until the last minute — gather the will and death certificate early.

How to Avoid Probate in Oregon

Revocable living trust (assets in trust bypass probate entirely); Transfer-on-Death (TOD) deed for real property under ORS 93.948–93.979 (recorded during life, revocable, takes effect at death); joint tenancy with right of survivorship (deed must explicitly state this — Oregon defaults to tenancy in common, which does NOT avoid probate); payable-on-death (POD) bank accounts; transfer-on-death (TOD) securities registration; life insurance and retirement accounts with named beneficiaries;

simple estate affidavit for qualifying small estates

Out-of-state property (ancillary probate): Yes — ancillary probate in Oregon is required when a decedent domiciled outside Oregon owned real property in Oregon at death or had Oregon personal property the out-of-state personal representative cannot recover without court help; filed in the Oregon county where the property is located under ORS 111.095;

you may be able to avoid ancillary probate by transferring Oregon real property into a revocable living trust or recording a TOD deed before death

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Other Oregon probate rules: Oregon has NOT adopted the Uniform Probate Code — it maintains its own probate statutes under ORS Chapters 111 through 117; Oregon does not offer a formal-vs-informal probate distinction like UPC states; the personal representative must file an inventory and appraisement within 60 days of appointment; published creditor notice in a local newspaper is required and triggers a 4-month claim period under ORS 115;

Oregon is NOT a community property state — it follows common-law separate-property principles; Oregon’s elective share uses a sliding scale from 5% to 33% of the augmented estate based on length of marriage (replacing the prior flat 25% of probate-only assets); Oregon Rules of Civil Procedure generally do not apply to probate proceedings under ORS 111.200; Oregon renamed the “small estate affidavit” to “simple estate affidavit” in recent legislation

Understanding the Oregon Probate Process

The Oregon probate process follows a clear sequence — open the case, appoint the executor, inventory assets, pay debts, then distribute what is left. How long the Oregon probate process takes and what it costs depends on the type of probate the estate qualifies for, which is why the exact figures above matter.

Many families are relieved to learn the Oregon probate process is simpler and cheaper than they feared, especially for smaller or well-planned estates. Your state probate court’s self-help center can guide an executor through the Oregon probate process step by step.

You don’t have to do this alone

If you are settling a loved one’s estate in Oregon, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

Official Oregon Sources & Resources

This Oregon probate guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Oregon Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.