Probate in Oregon: do you need a lawyer, and what it costs

Settling an estate in Oregon

What an executor deals with after the funeral: the will, the court, creditors, tax and closing the estate. Each fact links to the statute it comes from and shows the date we last read it.

Filing the original will

In Oregon, if you have the original will, you must deliver it to the probate court for the estate or to the executor named in it within 30 days after you learn of the death.

Or. Rev. Stat. § 112.810(1)(f)Read the statute text · oregon.public.lawchecked Oct 5, 2026

Which court handles probate

In Oregon, probate is handled by the circuit court, usually in the county where the person who died lived. In Gilliam, Grant, Harney, Malheur, Sherman and Wheeler counties, the county court handles it.

Or. Rev. Stat. § 113.015; § 111.075Read the statute text · oregon.public.lawchecked Oct 5, 2026

Creditors' deadline to make claims

In Oregon, the executor or administrator (the law calls them the personal representative) publishes a notice once in a local newspaper, and creditors have 4 months from that publication to present claims to the personal representative. Known creditors who are mailed a notice get 45 days from the notice, if that is later.

Or. Rev. Stat. § 113.155; § 115.003; § 115.005Read the statute text · oregon.public.lawchecked Oct 5, 2026effective Jan 1, 2024

Estate inventory

In Oregon, the executor or administrator must file an inventory of the estate, with estimated values as of the date of death, in the probate case within 90 days after being appointed.

Or. Rev. Stat. § 113.165Read the statute text · oregon.public.lawchecked Oct 5, 2026

The order estate debts are paid

In Oregon, if the estate cannot pay everything, the executor or administrator pays family support first, then the costs of running the estate and a plain funeral, then federal debts and taxes and last-illness medical bills, then other listed debts, and all other claims last.

Or. Rev. Stat. § 115.125Read the statute text · oregon.public.lawchecked Oct 5, 2026

State estate and inheritance tax

Oregon has an estate tax on estates of $1,000,000 or more, paid by the estate, with rates from 10% to 16% on the amount over $1,000,000. Oregon has no inheritance tax on heirs.

Or. Rev. Stat. § 118.010Read the statute text · oregon.public.lawchecked Oct 5, 2026effective Jan 1, 2006

Closing an estate

In Oregon, when the estate is ready to close, the executor or administrator files a final account and asks the court for a judgment of distribution, mailing it to heirs and unpaid creditors at least 20 days before objections are due. After the court enters the judgment and receipts show distribution was made, the court discharges the personal representative.

Or. Rev. Stat. §§ 116.083, 116.093, 116.113, 116.213Read the statute text · oregon.public.lawchecked Oct 5, 2026