Oregon probate is handled in the Circuit Court Probate Division of each county. Two Oregon-specific things shape estate planning here: a simple estate affidavit for smaller estates, and an unusually low state estate tax exemption of just $1 million. This guide walks through every option.
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Does Oregon Always Require Probate?
No. Assets that pass outside of probate include those held in a revocable living trust, real estate transferred by a Transfer-on-Death Deed, accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, joint tenancy property with right of survivorship, and (for spouses) tenancy by the entirety.
The Simple Estate Affidavit — Oregon's Small Estate Procedure
For estates where not more than $75,000 of the fair market value is attributable to personal property, and not more than $200,000 is attributable to real property, Oregon allows a Simple Estate Affidavit under ORS § 114.510 and ORS § 114.515. The affidavit cannot be filed until 30 days after death and is filed with the clerk of the probate court. Fair market value is measured without any reduction for liens or debts. Together, the two limits cap a qualifying estate at $275,000 combined — a meaningful ceiling, though lower than some neighboring states.
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See the full checklist →How to Open Probate in Oregon
- File a Petition for Probate of Will and Appointment of Personal Representative (or Petition for Appointment of Personal Representative if there is no will) in the Circuit Court of the county where the deceased was domiciled.
- Bring the original will, a certified death certificate, and a list of heirs.
- Attend the brief hearing — typically scheduled 2–4 weeks after filing.
- If appointed, the Circuit Court issues Letters Testamentary or Letters of Administration.
Oregon's Statutory Personal Representative Compensation
Oregon sets statutory personal representative compensation on a sliding scale under ORS § 116.173:
- 7% of the first $1,000
- 4% of the next $9,000 (up to $10,000)
- 3% of the next $40,000 (up to $50,000)
- 2% of everything above $50,000
Plus 1% of any non-probate property the personal representative is responsible for reporting for Oregon or federal estate tax purposes. Examples: a $200,000 estate generates approximately $4,630 in commissions (7% × $1,000 + 4% × $9,000 + 3% × $40,000 + 2% × $150,000). A $500,000 estate generates approximately $10,630. The court can approve additional compensation for extraordinary services.
The Oregon Estate Tax — Critical Planning Consideration
Oregon has its own state estate tax, separate from the federal estate tax, with one of the lowest exemptions in the country:
- Exemption: $1,000,000 per person (Oregon does not allow portability between spouses)
- Rates: Graduated brackets from 10% up to 16% on the largest estates, applying only to the value above $1 million
- Return: Oregon Form OR-706, due 12 months after death for estates above the threshold (a 6-month extension is available)
Because Oregon does not allow portability, married couples often need separate trusts (a "credit shelter trust" arrangement) to use both spouses' $1 million exemptions. Many Oregon estates that owe no federal estate tax owe substantial Oregon estate tax.
Pro tip
If your loved one's estate is between $1 million and the federal exemption ($15 million per person in 2026), Oregon state estate tax is the single biggest financial consideration. Engage an Oregon estate tax attorney or CPA early. Real estate values in Portland and Bend can push many estates above the $1 million threshold.
Creditor Claims in Oregon
The personal representative must publish a Notice to Interested Persons (Oregon's name for the creditor notice) in a local newspaper. Under ORS § 115.005, creditors then have 4 months from the date of first publication to file claims. If the personal representative delivers or mails direct notice to a known creditor, that creditor instead has 30 days from receiving the notice — whichever is later governs.
Intestacy in Oregon
If there is no will, Oregon's intestacy statute applies. Under ORS § 112.025 and ORS § 112.035: if the deceased has a surviving spouse and no descendants, or all descendants are also descendants of the spouse, the spouse inherits the entire estate. If there are one or more descendants who are not descendants of the surviving spouse, the spouse takes 1/2 of the estate, with the descendants sharing the other half.
Spousal and Family Support in Oregon
Under ORS § 114.015, the court can order "necessary and reasonable" support from the estate for the surviving spouse and dependent children, on petition and after notice and a hearing. There is no fixed statutory dollar cap — the amount is set by the court based on the family's needs and the estate's resources — but support payments cannot continue for more than 2 years after the date of death, under ORS § 114.065. Oregon also protects a portion of home equity through its homestead exemption (generally $40,000 for an individual or $50,000 for a couple, under ORS § 18.395), which can shield the family home from certain creditor claims during administration.
You're reading about probate in Oregon. Here's what else is on the list.
- Locate the Will and legal documents
- Apply for death certificates (Multiple copies)
- Start the probate process (Contact Attorney)this guide
- Notify any additional creditors
- Prepare final accounting for probate
- Close the estate formally
- + 62 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in Oregon may change. Consult a licensed Oregon attorney for guidance specific to your situation.