December 12, 2025
When a loved one passes away, our clients are typically left with many questions concerning how their loved one’s estate will be administered and, sometimes, questions regarding the probate process too. These matters can be complicated, and if not handled in accordance with state laws, may result in lengthy litigation and fees.
Below are some of the most frequently asked questions we get about the probate process in Oregon.
An estate is all the assets a person owns at the time of their death, such as real estate, vehicles, bank accounts, investments, and personal belongings.
Probate is the legal process that transfers ownership of a deceased person’s assets to their heirs or beneficiaries as outlined in their will. The probate court validates the will (if there is one), ensures debts and taxes are paid, and oversees the distribution of remaining property according to Oregon law.
Not necessarily. Oregon allows small estates (under $75,000 in personal property and $200,000 in real property) to go through a simplified process called small estate affidavit instead of full probate.
Yes. Assets held in joint ownership, with named beneficiaries (like life insurance or retirement accounts), or in a revocable living trust, typically bypass probate. Payment on death accounts and transfer on death deeds can also help avoid probate.
If someone passes away without a will, their estate still goes through probate. However, instead of following their wishes, the State of Oregon decides:
Who will be responsible for locating and distributing their estate,
Who inherits the property, and
If applicable, who will become the legal guardian of any minor children.
According to Oregon’s intestate succession laws, the surviving spouse and children inherit first, followed by other relatives.
Real property in Oregon can’t be sold or transferred until the probate court authorizes the Personal Representative to do so. If the property is jointly owned with survivorship rights, it may pass automatically to the surviving owner.
The personal representative (also known as the executor) handles all the costs related to administering the estate. They can later apply to the court for reimbursement from the estate at the end of the probate process.
If the deceased left a will, the person named there is usually appointed. If not, the court selects a suitable person (often a close family member).
While every case is unique, probate in Oregon generally follows these key steps:
Petition the Court
The person seeking to be appointed as personal representative (PR) files a petition with the court along with a will (if one exists). The PR will be responsible for locating all of the assets, paying off any debts, and distributing the assets. Once approved, the court issues Letters Testamentary (for estates with a will) or Letters of Administration (for estates without a will), which give the PR legal authority to manage the estate.
If there is no will or if the will doesn’t waive the bond requirement, the court will require the PR to post a bond set by the court.
Notify Heirs and Interested Parties
The PR must mail notices to heirs (those who would inherit assets without a will); devisees (those named in the will, if there is one); and anyone with a potential claim or legal interest in the estate (e.g., someone bringing a will contest).
File an Inventory and Preserve Assets
The PR identifies all estate assets and estimates their value, from bank accounts and investments to property, vehicles, and household items. Some assets, like real estate and business interests, may need to be professionally appraised (at an additional cost charged by an appraiser) to determine their value. Throughout the process, the PR has a duty to preserve and maintain the estate assets.
Search for Creditors
The PR must make a reasonably diligent effort to search for and notify creditors of the estate. Creditors might include medical providers, Medicare (Oregon DHS), credit card companies, banks, etc. This search typically includes publishing a notice in a local newspaper for any unknown creditors.
Pay Creditors, Expenses, and Taxes
After evaluating claims against the estate, the PR pays approved debts and expenses using estate funds. They also work with a CPA to pay any outstanding income and estate taxes. State and federal estate taxes can be complicated, and often require consulting with their attorney and CPA. The PR might have to liquidate some assets to pay off expenses, depending on how much is owed. Expenses might include things such as the costs of preparing a house for sale, CPA fees, attorney fees, and PR fees (the PR may take a fee depending on the value of the estate).
Final Accounting and Distributions
When debts are settled and the estate is ready to close, the PR submits a final accounting to the court, detailing all financial activity and proposed distributions for the remaining assets. Once approved, the remaining assets are transferred to the rightful beneficiaries or heirs.
Probate cases are public record. You can search online through the Oregon Judicial Department’s court records system or contact the circuit court in the county where the deceased lived.
The probate process typically takes 6 to 18 months, depending on the complexity of the estate, court schedules, and whether any disputes arise. Large estates or those involving real estate, businesses, or contested wills may take longer to resolve.
Probate filing fees in Oregon depend on the value of the estate:
$278 for estates less than $50,000;
$591 for estates valued at more than $50,000 but less than $1 million;
$882 for estates valued at more than $1 million but less than $10 million;
$1,176 for estates valued at more than $10 million.
Most estates also incur attorney fees, which can range from as low as $2,000 to upwards of $100,000, depending on the complexity of the estate. Any bond the court requires of the PR will also need to be paid.
Oregon doesn’t currently have an inheritance tax, but it does impose an estate tax on estates worth more than $1 million. Federal estate taxes may also apply for larger estates.
It’s not legally required, but hiring an attorney can help prevent costly mistakes and help expedite the process since probate involves strict deadlines, formal filings, and accounting rules.
A properly drafted will prepared by a licensed estate planning attorney saves money and time by nominating your chosen PR and providing a clear distribution plan.
To skip the probate process and the distribution of assets after death altogether, you can establish a revocable living trust and transfer your assets into the trust during your lifetime.
Be cautious when using online services, as they often lack the customized provisions required under Oregon law, which can result in drafting errors, omission of important provisions, and an increase in probate costs due to these errors.
For 40 years, Gevurtz Menashe has supported families through some of their toughest times—including helping clients establish guardianships and conservatorships. If you are interested in learning more, please call our office at (503) 227-1515 or contact us online, anytime.
