How Does Probate Work in Clackamas County, Oregon?
Dealing with probate while grieving is overwhelming. This guide makes the process clearer. In Clackamas County, estate size determines the process—smaller estates under $75,000 can often avoid full probate. The Circuit Court accepts filings in person and requires e-filing for attorneys.
The Probate Process in Clackamas 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 Clackamas County, probate runs through the Circuit Court at 1000 Courthouse Road, Oregon City. The court sits in the 5th 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 monthsORS 114.510 & 114.515 (simple estateVerified Jun 11, 2026 to 12 monthsORS 114.510 & 114.515 (simple estateVerified Jun 11, 2026 to move through this process. The 4 monthsORS 115.005Verified Jun 11, 2026 creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
Filing at the Circuit Court
Probate cases in Clackamas County are filed with the Circuit Court, located at 1000 Courthouse Road, Oregon City, OR 97045. The clerk's office is open Monday - Friday, 7:00 AM - 5:00 PM (Probate Public Counter: 9:00 AM - 4:00 PM; Phone: 8:00 AM - 4:00 PM). Reach the clerk at 503-655-8447.
Attorneys must e-file in Clackamas County, but families handling probate without an attorney are exempt and can file on paper at the clerk's office or by mail.
Nearly all cases require completion of the Guardian Partners non-professional fiduciary class under Supplemental Local Rule 9.076. Under Supplemental Local Rule 9.085, unrepresented parties seeking appointment as personal representative or conservator must demonstrate competency.
The court operates across 3 locations in Clackamas County. Probate filings may need to go to a specific location—check with the clerk's office before your visit.
First Steps After a Death in Clackamas County
Handling an estate in Clackamas County, Oregon means working through both immediate tasks (securing property, ordering death certificates, stopping benefits) and the formal probate process at the Circuit Court at 1000 Courthouse Road, Oregon City. The court is part of the 5th Judicial District.
Probate matters here are routed through Probate, Family Law Self Help, and Jury Services. Knowing which office handles what saves time during the first few weeks.
Clackamas County has local procedures worth knowing before you start: Mandatory Guardian Partners training for non-professional fiduciaries; Pro se competency requirement for fiduciaries; Fiduciary bonding requirement.
Do I Need Probate?
Whether probate is necessary in Clackamas County depends on how the deceased's assets were titled and what estate planning was in place. The local court is the Circuit Court at 1000 Courthouse Road, Oregon City. The court sits in the 5th Judicial District.
Clackamas County has local procedures that affect when and how to file: Mandatory Guardian Partners training for non-professional fiduciaries; Pro se competency requirement for fiduciaries.
Assets in a funded revocable living trust pass directly to beneficiaries without probate. Life insurance, retirement accounts with named beneficiaries, and jointly-held property with survivorship rights also transfer automatically. Only assets titled solely in the deceased's name — or caught by a pour-over will for unfunded trust assets — go through the Circuit Court.
Estates valued under $75,000ORS 114.510 & 114.515 (simple estateVerified Jun 11, 2026 may qualify for a simplified Simple Estate AffidavitORS 114.510 & 114.515 (simple estateVerified Jun 11, 2026 in Oregon after waiting 30 daysORS 114.510 & 114.515 (simple estateVerified Jun 11, 2026. Above that threshold, full probate through the Circuit Court is typically required.
See what portion of this estate may require probate:
Opening probate at the Circuit Court requires the original will (or proof there isn't one), a certified death certificate, and documentation of assets — deeds, account statements, vehicle titles. Asset titling is what separates probate property from everything that passes automatically.
Oregon allows independent administration, which gives the executor authority to manage estate assets, pay debts, and distribute property without returning to the court for approval on each step.
The Circuit Court offers informal probate for uncontested estates — less court involvement and a faster process when all beneficiaries agree.
Who Inherits Without a Will?
Without a valid will, inheritance in Clackamas County is governed by Oregon statute rather than the deceased's wishes. The law assigns shares based on family structure—and the default distribution often catches families off guard.
Enter the family details to see who inherits under Oregon law:
Surviving spouses in Oregon can claim an "elective share" regardless of what the will says. The percentage varies by years married (up to 33%) and must be filed at the Circuit Court within 270 daysORS 114.605Verified Jun 11, 2026.
The Circuit Court can approve a family allowance for the surviving spouse and minor children while the estate is being settled. This has priority over creditor claims.
Creditors must be notified through newspaper publication in Clackamas County for 1ORS §§ 113.155, 115.003, 115.005, 115.125Verified Jun 11, 2026 consecutive weeks, and known creditors receive direct written notice. The claim deadline is 4 monthsORS §§ 113.155, 115.003, 115.005, 115.125Verified Jun 11, 2026 from first publication.
Oregon has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Property owned in other states requires separate "ancillary" probate proceedings in each state. Oregon recognizes out-of-state personal representatives, which simplifies the process for families.
Legal Sources
- ORS §§ 113.155, 115.003, 115.005, 115.125
- ORS 114.510 & 114.515 (simple estate
- ORS 114.605
- ORS 115.005
Data sourced from Oregon statutes and official state code. How we research.
Frequently Asked Questions
The Circuit Court for Clackamas County is located in Oregon City, Oregon. Full address, phone, hours, and e-filing details are listed on this page.
A simple probate in Oregon typically closes in 4–6 months. Average estates run 6–12 months. Complex estates with disputes or tax issues can take 12–24 months. Timing in Clackamas County tracks the state range unless the docket is unusually backed up.
No. Oregon allows estates under $75,000 to use a Simple Estate Affidavit and skip formal probate. The waiting period is 30 days after death. Use the Oregon probate decision tool to see if the estate qualifies.
When there is no will, Oregon's intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Clackamas County probate court applies the state rules without variation. See who inherits in Oregon for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Clackamas County probate docket. Create a revocable trust online to avoid putting your family through this process later.
Circuit Court
Clackamas County
1000 Courthouse Road
Oregon City, OR 97045
Phone:
503-655-8447Hours:
Monday - Friday, 7:00 AM - 5:00 PM (Probate Public Counter: 9:00 AM - 4:00 PM; Phone: 8:00 AM - 4:00 PM)
Paper Filing Available
E-Filing Optional
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