How Probate Works in Oregon

Does Oregon require probate?

Not always. Oregon provides simplified options for smaller estates and offers a streamlined probate process for larger ones. Many estates can avoid full court supervision.

Oregon uses a dual-threshold small estate system. Estates with personal property under $75,000 and real property under $200,000 (fair market value before debts) can use simplified transfer procedures. The combined total should not exceed $275,000.

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What court handles probate in Oregon?

Probate in Oregon is handled by the Circuit Court in the county where the deceased person lived. Oregon does not have a separate probate court; estate matters are managed by the circuit court.

There is no strict statutory deadline to file for probate in Oregon, but the process should begin promptly. A will should be filed with the court as soon as possible after the death.

The court appoints a personal representative to manage the estate.

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Small estate threshold

Oregon assesses personal property and real property separately for small estate eligibility, which is unusual among states.

Small estate affidavit (personal property). For estates where the deceased's personal property is valued at $75,000 or less (before debts), heirs can use an affidavit to collect assets without probate (Oregon Revised Statutes § 114.515).

Requirements for the affidavit:

• At least 30 days must have passed since the date of death.
• No probate proceeding has been filed or is pending.
• The total value of personal property does not exceed $75,000.
• The person filing the affidavit is entitled to the property.

Summary determination (real property). Real property valued at $200,000 or less (fair market value before debts) can be transferred through a summary determination proceeding. This is a simplified court process, but it does require filing a petition and a court order.

If both thresholds are met (personal property under $75,000 and real property under $200,000, with a combined total under $275,000), the entire estate may be handled without full probate.

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Full probate in Oregon

For estates that exceed the small estate thresholds, Oregon's probate process follows a standard pattern:

1. File the will (if one exists) with the Circuit Court.
2. Petition for appointment as personal representative.
3. Notify interested parties. The personal representative must notify heirs, beneficiaries, and known creditors within 30 days of appointment.
4. Publish notice to creditors. Oregon requires publication in a newspaper once a week for three consecutive weeks. Creditors then have four months from the date of first publication to file claims.
5. Inventory the estate. The personal representative must file an inventory with the court within 60 days of appointment.
6. Pay debts and taxes.
7. Distribute remaining assets to heirs.
8. File a final accounting with the court.

Oregon probate typically takes nine months to a year or longer, depending on the estate's complexity.

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What if there is no will?

When someone dies without a will in Oregon, the estate follows the state's intestate succession laws (ORS § 112.025 et seq.).

If the deceased was married:

• Spouse, no children. The surviving spouse inherits the entire estate.
• Spouse and children (all shared). The surviving spouse inherits the entire estate.
• Spouse and children from a prior relationship. The surviving spouse receives one-half of the estate. The children from the prior relationship divide the other half.

If the deceased was not married:

• Children. The children inherit equally.
• Parents (no children). The parents inherit everything.
• Siblings (no children or parents). The siblings inherit equally.

For a broader overview, see our guide on handling an estate without a will.

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What makes Oregon different?

Dual small estate thresholds

Oregon's approach to small estates is distinctive. Instead of a single dollar threshold, the state assesses personal property ($75,000 limit) and real property ($200,000 limit) separately. This means an estate with a modest home and limited personal property can still qualify for simplified procedures, even if the total estate value exceeds what a single-threshold state would allow.

The $275,000 combined limit is among the more generous small estate provisions in the country.

State estate tax

Oregon imposes a state estate tax on estates valued over $1 million, one of the lowest thresholds in the country. Tax rates range from about 10% to 16%. This is significantly lower than the federal exemption (approximately $13.99 million in 2025), so many Oregon estates that owe nothing federally may still have a state estate tax obligation.

No inheritance tax

Oregon has no inheritance tax. Only the estate itself is taxed, not the individual beneficiaries.

For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.

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