How Does Probate Work in Deschutes County, Oregon?
When someone dies, the last thing you need is confusion about legal requirements. Probate in Deschutes County depends on estate size—estates under $75,000 may qualify for a simplified procedure. The Circuit Court accepts filings in person and requires e-filing for attorneys.
Do I Need Probate?
Families in Deschutes County often discover that probate isn't automatic—it depends on how the deceased held title to their property and whether beneficiary designations were in place.
If the deceased used a revocable living trust, those assets transfer to beneficiaries without court involvement. The same goes for life insurance, retirement accounts with designations, and joint tenancy property. What's left—assets in the deceased's name only—is what goes through the Circuit Court.
Oregon provides a Simple Estate AffidavitORS 114.510Verified Apr 4, 2026 for estates under $75,000ORS 114.510Verified Apr 4, 2026 after waiting 30 daysORS 114.510Verified Apr 4, 2026. Larger estates—or those with real property—generally require full probate at the Circuit Court.
Use the tool below to check which assets may need to go through probate:
Before the Circuit Court can open a case, you'll need the original will, a certified death certificate, and proof of what the deceased owned—deeds, statements, titles. Asset titling is what separates probate property from everything that passes automatically.
Oregon allows independent administration, which reduces the number of court appearances and gives the executor more authority to manage estate assets without prior court approval.
When all beneficiaries are in agreement and no one contests the will, the Circuit Court allows informal probate—a faster track with minimal court oversight.
Filing at the Circuit Court
Attorneys must e-file in Deschutes County, but families handling probate without an attorney are exempt and can file on paper at the clerk's office or by mail.
Who Inherits Without a Will?
When someone dies without a will in Deschutes County, Oregon law decides who inherits. The distribution follows a fixed order based on family relationships—spouse, children, parents, siblings—and the outcome isn't always what families assume.
Check who would inherit this estate based on Oregon's rules:
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 Apr 4, 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 Deschutes County for 1ORS §§ 113.155, 115.003, 115.005, 115.125Verified Apr 4, 2026 consecutive weeks, and known creditors receive direct written notice. The claim deadline is 4 monthsORS §§ 113.155, 115.003, 115.005, 115.125Verified Apr 4, 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
- ORS 114.605
Data sourced from Oregon statutes and official state code. How we research.
Circuit Court
Deschutes County
Paper Filing Available
E-Filing Optional
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Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
