Evashevski Elliott PC has represented individuals in Oregon's Willamette Valley for more than 25 years in estate planning, probate and trust administration, and trust and estate litigation.
What to Do When Someone Dies in Benton County, Oregon
How probate works in Benton County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Benton County Circuit Court
Benton County · 21st Judicial District
Phone
Hours
Monday-Friday 8:00 AM-noon and 1:00 PM-5:00 PM
Office
120 Northwest 4th Street, Corvallis, OR 97330
Website
Files probate
Probate
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysAttorneys file through OJD eFile. A self-represented filer may file on paper at the counter or register for a free individual eFile account, and most courthouses have an eFiling kiosk during business hours. On paper: Self-represented filers are not required to e-file: the rule binds active Oregon State Bar licensees (UTCR 21.140); An original will is filed in its original form; when an image of it is e-filed, the original follows on paper within seven business days (UTCR 21.070(3)(h)).
Filing in person
Walk-ins acceptedThe customer service counters are open for regular business, and a secure drop box on the first floor of the courthouse takes in-person filings.
Self-represented filing
AllowedThe Oregon Judicial Department's statewide estate forms are the simple estate packet (the small estate affidavit) and the claim against an estate.
Accepted payment
- At the counterCheck, Credit card.Checks are taken by mail, and the cashier takes credit card payments by phone at 1-541-243-7841.
Departments
- Probate1-541-243-7844 · Takes probate filingsThe probate unit handles estates, guardianships and conservatorships; the civil desk shares the number.
- Accounting1-541-243-7841The cashier takes card payments by phone and handles payment plans.
- Records1-541-243-7849 · benton.copy.requests@ojd.state.or.usCopy requests from court files go to the mailbox; the phone line takes audio copies of hearings.
Verified October 16, 2026 · Source
How Probate Works in Benton County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Benton County, probate runs through the Circuit Court at 120 Northwest 4th Street, Corvallis. The court sits in the 21st Judicial District.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Oregon intestacy law when there is no will.
Most Oregon estates take 6 months to 12 months to move through this process. Creditors have 4 monthsORS §§ 113.155, 115.003, 115.005, 115.125Verified Oct 19, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Benton County
What probate costs in Benton County, Oregon comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Circuit Court at 120 Northwest 4th Street, Corvallis. The court is part of the 21st Judicial District.
Oregon charges $278 - $1,176 (based on estate value)ORS 21.170(1)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Oregon are negotiated, typically 2%Modeled estimate under ORS 116.183 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.2%Modeled estimate under ORS 116.183 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Oregon sets executor compensation by statute — about $10,630 on a $500,000 estate, roughly 2.1%ORS 116.173 (7% first $1K, 4% $1K-$10K, 3% $10K-$50K, 2% over $50K, on property subject to the court’s jurisdiction; 1% of other property reportable for estate tax; extraordinary services)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Oregon requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under ORS 113.105Verified Sep 8, 2026View source of estate value annually.
Probate in Oregon typically runs 6 months to 12 months, and costs accrue throughout that period.
How to File Probate at the Circuit Court
Probate cases in Benton County, Oregon are filed at the Probate of the Circuit Court. The court sits in the 21st Judicial District.
Can You File Without an Attorney?
Oregon has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.
For a full cost comparison and filing checklist, see the Benton County Self-Filing Assessment.
Benton County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Non-professional personal representatives take a fiduciary education class
A non-professional personal representative registers for the court-required fiduciary education class within 15 days of appointment, completes it within 90 days, and files a certificate of completion with the Probate Department. The class fee is a cost of administration and may be waived or deferred.
SourceWhat to Bring
Filed with the opening petition at the Circuit Court: Original will and any codicils, with an affidavit of attesting witness or affidavit of genuine signature (ORS 113.055); Petition for appointment of personal representative stating decedent, venue, heirs/devisees, and nominee (ORS 113.035) — typed pleading, no statewide form; Proposed limited judgment of appointment of personal representative; Bond unless waived by the will or because the PR is the sole heir/devisee (ORS 113.105)ORS 113.035 (petition for appointment), 113.105 (bond), 113.125 (issuance of letters)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in Benton County
In Oregon a death is registered locally, and in Benton County certified copies of the death certificate are issued by Benton County Health Department Vital Records as well as by Oregon Health Authority - Center for Health Statistics.
Vital Records Office Record
County Registrar
Benton County · Benton County Health Department Vital Records
Phone
Hours
Monday-Friday 8:00 AM-noon and 1:00 PM-5:00 PM
Office
530 Northwest 27th Street, Corvallis, OR 97330
Website
Certified copies
At the counter
Fees
Certified copy fees
| First certified copy | $25 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
Benton County · Benton County Medical Examiner
Verified November 2, 2026 · Source
Transferring Property in Benton County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.
Deeds and other real property documents for Benton County are recorded with the County Clerk at 4500 Southwest Research Way, 2nd Floor, Suite 200, Corvallis, OR 97333. Phone: 1-541-766-6756. Hours: Monday-Friday 8:00 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 888, Corvallis, OR 97339.
The County Clerk charges $128 for the first page plus $5 for each additional page.
Benton County accepts electronic recording through Simplifile, Indecomm, CSC, ePN and ValueCheck.
Recording Office Record
County Clerk
Benton County · Records & Licenses Division
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
4500 Southwest Research Way, 2nd Floor, Suite 200, Corvallis, OR 97333
Website
P.O. Box 888
Corvallis, OR 97339
Fax
1-541-766-6675
Recording fees
| Base fee (first page) | $128 |
| Each additional page | $5 |
| Transfer tax on a TOD deed | No transfer tax applies to TOD deeds |
ORS 205.320(1)(d)(A); ORS 205.323(1)
Verified October 16, 2026 · Source
Probate Attorneys Serving Benton County
Oregon allows independent administrationORS 114.275Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Oregon are based on reasonable compensation, billed hourly or as a flat fee. Ask a Benton County firm to quote a structure up front.
A probate attorney files the petition with the Circuit Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Bassinger Hoyt LLC
Tom Hoyt practices from Eugene, serving Lane County families through the Lane County Circuit Court. Handles wills and trusts, probate and estate administration, and contested estate matters, alongside business and real estate work. The firm keeps no website; reach it by phone.
Collier Law is a locally-owned Salem firm specializing in estate planning, living trusts, and probate. The firm develops long-term relationships with clients and provides a warm, calming environment for estate planning discussions. Spanish speaking attorneys and staff available.
Evans Batlan Getchell LLC is an estate planning law firm in Salem, Oregon, helping clients create wills and trusts, and providing guidance in probate and trust administration after death.
Serves Linn, Benton, Marion, Polk, and Lincoln counties from Albany. Handles wills and trusts, powers of attorney, probate and estate administration, estate litigation, and guardianship and conservatorship petitions. Offers a free 30-minute initial consultation.
Serves Florence and the central Oregon coast, in Lane County. Laurel Ferguson handles estate settlement, trust administration, and estate planning, including review of existing documents, property disposition, tax questions, and long-term care and Medicaid planning. She has owned the firm since 2020; founder Jane Hanawalt retired at the end of 2025. Complimentary initial consultation.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
(9)·
- ORS §§ 113.155, 115.003, 115.005, 115.125
- ORS 113.035 (petition for appointment), 113.105 (bond), 113.125 (issuance of letters)
- ORS 114.275
- ORS 116.173 (7% first $1K, 4% $1K-$10K, 3% $10K-$50K, 2% over $50K, on property subject to the court’s jurisdiction; 1% of other property reportable for estate tax; extraordinary services)
- ORS 21.170(1)
- ORS 205.320(1)(d)(A); ORS 205.323(1)
- Benton County Circuit Court, official page
- Benton County Clerk, official page
- Benton County vital records and death investigation offices, official page
Data sourced from Oregon statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Oregon
Free tools for settling an estate in Oregon: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Oregon.
How Do I Settle an Estate?
Settling an estate in Oregon: the personal representative files the estate inventory within 90 daysORS 113.165, ORS 113.175Verified Sep 15, 2026View source of appointment; creditors have 4 monthsORS §§ 113.155, 115.003, 115.005, 115.125Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Oregon happens outside court: the trustee acts under the state's Uniform Trust CodeORS 130.001 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
Oregon has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.
Get the Answer
Hire an Oregon Probate Attorney
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