How can I get help with probate in Oregon?

Oregon is a tough state to die in. In 2025 Willamette Week published an article about why Oregon is one of the, if not the, worst state to die in and that's because of taxes. They did the math and "If your savings and home equity total, say, $1.5 million at death, Oregon will claim 10% of the amount that exceeds its exemption (which is currently $1 million). The $1.5 million total estate value is $500,000 over the exemption, which means that $500,000 is taxable at roughly 10%, and your kids or estate will have to pay about $50,000 in estate taxes to the State of Oregon. If you’re the rare Oregonian with investments of $10 million at death, the state will pinch 16% of the amount that is not transferred to a surviving spouse. That pencils out to $1.4 million." (read more at: https://www.wweek.com/news/state/2025/12/13/oregon-no-place-to-die/)

Now that we've identified the problem, we come to the solution, probate or a trust. If your relative dies with no documentation (Intestate) or with only a will, you are likely going to be doing one of two things:

1. Filing a Small Estate Affidavit - In Oregon, people with less than $75,000 in assets and less than $200,000 of real property (i.e. a house or land) can avoid probate with a small estate affidavit. These can be done without an attorney, although they can be tedious and challenging to get approved without any legal knowledge. We can help with small estate affidavits or help you decide if your loved one qualifies for one. For more information reach out to us or check out the ORS 114.515 law and document from the Oregon Judicial Department - https://www.courts.oregon.gov/courts/washington/programs-services/Documents/WSH-SmallEst-2006to2009.pdf

2. Going Through Probate - If your loved one does not qualify for a Small Estate Affidavit you'll need to go through probate. Probate is the court process of deciding who your successors are and how your estate will be divided up. In some counties you can file probate, issue notices, etc. on your own, but in others you will need to hire an attorney. In general, the process will require up front costs as well as have you file certain items and issue notices at specific times through the 6+ month legal process. The Oregon Judicial Department recommends reaching out to an attorney for advice, which we would be happy to provide. However, you can get the template documents here, if you would like to do it on your own: https://www.courts.oregon.gov/courts/umatilla/programs-services/pages/probate.aspx

The general steps for probate are:

1 MONTH AFTER PASSING - Initial Filing
Order to Initiate Probate and Send Will to Court (if applicable)
Letters of Administration/Testamentary are issued by the Court
Apply for EIN and file Form 46
Notice sent to Heirs, DHS, OHA
Request Publication

4 MONTH CREDITOR WAITING PERIOD
Affidavits of Mailing
File Inventory (90 days after Letters issued)
File Affidavit of Compliance (90-150 days after Letters issued)

1-2 MONTHS ACCOUNTING
Draft Accounting (VSIL or FA)
Send Accounting to Residual Beneficiaries (If no Objection, or Consent Received, then file Accounting)

2 WEEKS DISTRIBUTION
Verified Statement in Lieu (short form) or Final Accounting

1 MONTH CLOSING
Limited Judgment
Final Order filed to close Probate
Final Order signed closing Probate


This is just a general guideline, and many probates will have additional things that you as the personal representative will need to do to complete each step. If you are considering how to move forward with probate, feel free to reach out to us. We provide free consultations and a flat rate approach to probate that is far less than most other law firms. Give us a call 503-908-5457 or send us an email Chad@AffordableEstatePNW.com.