How Probate Works in Oregon

1) File a petition in the probate court of a proper county (where the decedent lived, died, or owned property) to admit any will and appoint a personal representative. 2) The court issues letters after any required bond. 3) The personal representative mails information about the estate to heirs, devisees and certain state agencies, and publishes a notice to interested persons once in a local newspaper. 4) File an inventory within 90 days after appointment. 5) Handle creditor claims. 6) File annual accounts if the estate stays open, then a final account and petition for distribution; the court enters a general judgment of final distribution.

The simple estate affidavit procedure (ORS 114.505 to 114.560) is Oregon's main simplified option for estates within the $75,000 personal property / $200,000 real property limits. The affiant acts as a fiduciary, pays expenses and claims in statutory order, and may be subject to a summary court review if the affiant or an unpaid claiming successor petitions within two years after filing. Larger estates go through regular probate with a court-appointed personal representative.

Claims must be presented to the personal representative within four months after the date the notice to interested persons is published, or, for creditors who had to receive mailed notice, within 45 days after that notice is mailed or delivered if that is later. Filing a claim with the court does not count as presenting it. A late claim may still be paid in limited cases if presented before the final account is filed.

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.

Oregon calls this a 'simple estate affidavit,' filed with the probate court clerk. It may be used if no more than $75,000 of the estate's fair market value is personal property (other than manufactured homes) and no more than $200,000 is real property and manufactured homes ($275,000 in total). Values are fair market value without reduction for liens or debts, generally as of the date of death. Real property may be included. It may not be filed until 30 days after the death (the court's instructions state 60 days for a creditor). Heirs or devisees, a personal representative named in the will, or certain state agencies may file; a person disqualified to serve as personal representative or convicted of a felony may not. Creditors may present claims to the affiant within four months after the affidavit is filed.

Probate matters are handled by the circuit court in each county, except in Gilliam, Grant, Harney, Malheur, Sherman and Wheeler counties, where the county court has probate jurisdiction (ORS 111.075). The Oregon Judicial Department's free online Records and Calendar Search gives basic case information for circuit courts; the paid OJCIN OnLine subscription offers more extensive access to all courts. Copies of court records can be requested through the court's Request Court Records form.