Letters Testamentary in Oregon

Probate is handled by the circuit court (the county court in Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties). A petition is filed in a proper county to admit any will and appoint a personal representative. The court appoints a suitable person, preferring the personal representative named in the will, then a surviving spouse who is a distributee (or the spouse's nominee), then other distributees. Letters may not be issued until the personal representative provides any bond the court sets; bond is not required when the will waives it, the representative is the sole heir or devisee, no assets are known, or the court waives it. Oregon DMV and other institutions accept the court-issued letters testamentary or letters of administration as proof of authority.

The court appoints a personal representative, preferring the person named in the will, then a surviving spouse who is a distributee (or the spouse's nominee), then other heirs and distributees. Minors, people who are incapacitated or financially incapable, suspended or disbarred lawyers, and (with limited exceptions) funeral service practitioners may not serve. The statute does not bar nonresidents. A bond is required unless the will waives it, the representative is the sole heir or devisee, no assets are known, or the court waives it on request; the court may still require a bond for good cause.