Probate in Oregon: What It Is, How It Works, and Why It Takes So Long
If someone you love dies in Oregon and their name is still on the house, the bank account, or the investment account, there’s a good chance you’re headed to probate court.
At Track Town Law, I help people navigate the Oregon probate system—usually after someone dies without a trust or clear transfer plan. This article walks through what probate is, how it works in Oregon, and why even simple estates can get stuck in the system longer than you’d expect.
What Is Probate?
Probate is the court-supervised legal process for transferring a person’s assets after death. It’s how we move property out of a deceased person’s name and into the hands of their heirs or beneficiaries.
Even if someone left a valid will, their estate may still need to go through probate in Oregon. The will tells the court who should get what—but the court still has to approve, oversee, and finalize the process.
What Triggers Probate in Oregon?
Probate is usually required if the deceased person owned:
Real estate titled in their name only
Bank or investment accounts without a beneficiary designation
Vehicles, firearms, collectibles, or other assets not jointly owned
If the total estate value exceeds Oregon’s small estate threshold—currently $275,000 (with no more than $200,000 in real property)—then a full probate is likely required. Smaller estates may qualify for a simplified affidavit process (which we cover in this post).
What Are the Steps in a Typical Oregon Probate Case?
Filing the Petition:
The process starts when someone—usually the named executor—files a petition with the probate court. This includes the original will (if there is one), a certified death certificate, and a request to be appointed as personal representative (PR). Once approved, the court issues Letters Testamentary, which authorize the PR to act on behalf of the estate.Notifying Heirs and Creditors:
Within 30 days, the PR must mail notices to all heirs and devisees and publish a legal notice to creditors in a local newspaper for three consecutive weeks. This starts a four-month clock for creditors to submit claims.Inventory and Appraisement:
The PR must identify and value all assets owned at death. This includes real estate, vehicles, bank accounts, investments, and even cryptocurrency or firearms. The inventory must be filed with the court within 90 days.Paying Debts and Managing the Estate:
The PR pays funeral expenses (capped at $3,500 under Oregon law), valid debts, taxes, and administration costs—in that order. They may need court approval to sell real estate or handle unusual transactions. All decisions must be documented in case of objections.Accounting and Proposed Distribution:
After the creditor window closes and debts are paid, the PR files a formal accounting—an itemized record of all money in, money out, and what’s left to distribute. This is sent to heirs, who have a window to object before final approval.Distribution and Closing:
Once approved, the PR distributes assets according to the will or Oregon intestacy laws, obtains signed receipts from beneficiaries, and files a final declaration. The court issues a judgment of final distribution, and the estate is closed.
Why Does Probate Take So Long?
Even simple, uncontested Oregon probate cases often take 9 to 12 months. Here’s why:
The four-month creditor period is non-negotiable
Real estate must be appraised and sometimes sold
Personal representatives need time to gather, value, and document all assets
The court reviews every filing, and delays are common
If heirs disagree or a creditor files a late claim, the timeline stretches even further
In some cases—especially with complicated families or unusual assets—probate can last 18 months or more.
Is Probate Expensive?
It can be. Typical costs include:
Filing and court fees (~$500–$1,000)
Newspaper publication (~$150–$300)
Bond premiums, unless waived in the will
Attorney fees, often billed hourly or by percentage
Personal representative commissions, which Oregon sets by statute (typically 2%–4% of the estate value)
And unlike trust administration, probate filings are public records, which means your family’s finances—and disagreements—can become searchable information.
Can Probate Be a Good Thing?
In some cases, yes.
Probate provides:
A formal forum to resolve disputes
A clear deadline for creditor claims
Court oversight for estates with complex debt or potential lawsuits
But for most people, probate is slow, public, and more expensive than necessary.
How to Avoid Probate in Oregon
If you’d rather your family not spend a year in court sorting through your assets, planning ahead is key.
You can:
Use beneficiary designations for life insurance, retirement accounts, and bank accounts
Sign and record a transfer-on-death deed for Oregon real estate
Create and fund a revocable living trust to move assets privately and quickly
Even a basic estate plan with a properly executed will and updated asset titles can dramatically simplify the process.
Final Thought
Probate isn’t a punishment. It’s just what happens when no other legal mechanism is in place to transfer your assets. But it’s not the fastest—or cheapest—path forward.
If you’ve recently lost someone and are staring at a court form you don’t understand, or if you’d rather spare your family this whole process in the future, let’s talk. I offer flat-fee estate planning designed to work under Oregon law—and help your plan hold up when it matters.
You can schedule your consultation here. The sooner you plan, the less time your family spends in court.
