Hiring a Wills, Trusts or Probate Lawyer in Oregon
What Oregon requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Oregon: fee rules
| Rules on contingency fees | Oregon Rule of Professional Conduct 1.5 prohibits illegal or clearly excessive fees, listing whether a fee is fixed or contingent among the reasonableness factors. Rule 1.5(c) bars fees in domestic relations matters contingent on securing a divorce or on the amount of spousal or child support or a property settlement, and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The Oregon State Bar's Board of Governors voted to sunset its Fee Dispute Resolution Program effective September 25, 2026, so the program is no longer available. The bar points to its Client Security Fund for losses caused by dishonest conduct and notes that small claims court may be an option for fee disputes of $10,000 or less. |
| If a lawyer takes your money | The Oregon State Bar's Client Security Fund may reimburse money or property taken through dishonest conduct by an Oregon lawyer or licensed paralegal while providing legal services or acting as a fiduciary. It does not cover negligence or malpractice, business or investment dealings (including loans), interest, or losses paid by insurance or bonds. Generally the lawyer must have been convicted of a crime or be subject to a civil judgment (for losses of $5,000 or less, disbarment, suspension, reprimand or resignation also qualifies), and you must have tried unsuccessfully to recover; awards are discretionary. The maximum award is $100,000 for misconduct on or after January 1, 2022 ($50,000 for earlier conduct), and no more than the fees paid or money received. Claims must be filed within two years of the latest of the conviction, judgment, discipline or resignation, or when you knew or should have known of the loss, and never more than six years after the loss. Apply online or mail the signed application to Oregon State Bar, PO Box 231935, Tigard, OR 97281; a lawyer is not required. |
Oregon rules to know first
| Requirements for a valid will | Any person who is 18 or older, or who has been lawfully married or emancipated, and who is of sound mind may make a will. The will must be in writing and signed by the testator (or by another person at the testator's direction, or the testator must acknowledge an earlier signature) in the presence of each witness. At least two witnesses must see the signing, hear the acknowledgment, or observe the direction to sign, and must sign the will within a reasonable time before the testator's death. An electronic record does not count as a 'writing' for these purposes. The rule that an electronic record is not a 'writing' (2025 Or. Laws ch. 34) took effect January 1, 2026, and applies to writings of people who die on or after that date. Source: ORS 112.225; ORS 112.235 |
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| Small estate affidavit | 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. If the will leaves everything above the limits to a trust that existed before death, a larger estate may still qualify. The affiant's signature must be notarized by a court clerk or notary public. |
| How probate works | 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. |
Find and check a lawyer
| Lawyer referral service | The Oregon State Bar's Legal Referral Service refers you to a lawyer near you (or near where help is needed) who may be able to help. Use the online referral request form or call 503-684-3763 (toll-free in Oregon 800-452-7636); staff work remotely and do not accept walk-ins. You must contact the lawyer within two business days to schedule an initial consultation of up to 30 minutes for a maximum fee of $50; additional fees are arranged directly with the lawyer. Participating attorneys charge for their services; the service does not offer free or pro bono attorneys. The bar's Modest Means Program offers reduced rates to eligible moderate-income Oregonians. |
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| Check that the lawyer is licensed | The Oregon State Bar's Licensee Directory can be searched by last name, first name, bar number or city (including previous names). The bar describes it as a convenience for finding licensees' contact information, not a complete listing; the Client Assistance Office says it also includes disciplinary history. A Good Standing Certificate can be ordered from the bar. Help: (503) 620-0222 x0, (800) 452-8260 x0 or info@osbar.org. |
| Check discipline history or file a complaint | The Oregon State Bar's Client Assistance Office (CAO) reviews all complaints about lawyer and licensed paralegal conduct. Submit online with the ethics complaint form or mail a written complaint (no particular form required; send copies, not originals, on one side of each page) to Oregon State Bar, PO Box 231935, Tigard, OR 97281. The CAO sends a copy to the lawyer and gives you a copy of any written response; it dismisses complaints without enough basis or refers them to Disciplinary Counsel's Office for investigation, after which the State Professional Responsibility Board may dismiss, admonish or authorize formal charges. All documents the bar receives are considered public records. Disciplinary history is shown in the Licensee Directory, and records can be requested through the bar's public records portal. Phone: (503) 620-0222 or (800) 452-8260. |
Free legal help
| Free legal aid | The Oregon Judicial Department's Get Help page points people to Oregon Law Help for free legal information and help finding free or low-cost lawyers, and notes that many courts have family law facilitators who give free information and assistance to self-represented people in family law cases. LSC lists Legal Aid Services of Oregon as its Oregon grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Oregon · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.