Stark and Hammack, PC has served Southern Oregon since 1970 from its Medford office, focusing on estate planning, wills, trusts, guardianships, and conservatorships alongside real estate and general business law. Three-attorney practice with deep roots in the Rogue Valley.
What to Do When Someone Dies in Josephine County, Oregon
How probate works in Josephine County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Josephine County Circuit Court
Josephine County · 14th Judicial District
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
510 Northwest 5th Street, Grants Pass, OR 97526
Website
E-filing
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)).
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 counterCash, Check, Credit card.The counter takes cash, check or credit card. Checks are accepted by mail to the court's Accounting office, and credit card payments are taken by phone at 1-541-476-2309.
County forms
- Accounting (Josephine)The Josephine County accounting form for a conservatorship or a decedent's estate.
- Acknowledgment of Restricting AssetsThe acknowledgment of an order restricting assets that SLR 9.051 requires.
- Objection to Petition for Appointment of Guardian / ConservatorThe written objection form that SLR 9.081 points to.
Department 17
500 Northwest 6th Street
Grants Pass, OR 97526-1975
Departments
- Civil Department1-541-476-2309 ext. 37006
- Accounting1-541-476-2309 ext. 37004The Accounting/Traffic Department.
About the court
- The court is on the second floor of the Josephine County Courthouse, entered at 510 NW 5th Street. The Family Court entrance is at 301 NW F Street.
Verified October 16, 2026 · Source
How Probate Works in Josephine 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 Josephine County, probate runs through the Circuit Court at 510 Northwest 5th Street, Grants Pass. The court sits in the 14th 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 Josephine County
What probate costs in Josephine 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 510 Northwest 5th Street, Grants Pass. The court is part of the 14th Judicial District.
Procedures at this court that affect cost: Court visitor fee due at filing (SLR 9.091).
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 Josephine County, Oregon are filed at the Circuit Court. The court sits in the 14th Judicial District.
Beside the filing office, the court lists separate lines for Civil Department and Accounting.
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 Josephine County Self-Filing Assessment.
Josephine 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
Education class for non-professional fiduciaries (SLR 9.076)
A personal representative, guardian, conservator or trustee who is not a professional fiduciary registers for the court-required class within 15 days of appointment and completes it within 60 days; the provider e-files the certificate of completion with the Probate Department. The requirement may be waived where the fiduciary's Oregon attorney files, within 30 days of appointment, a declaration that the attorney has advised the fiduciary of the duties.
SourceDocument Requirements
Acknowledgment of restricted assets (SLR 9.051)
Assets restricted by court order need a filed Acknowledgment of Restriction of Assets, on the court's form under Probate on its forms page.
SourceCourt Appearances
Oral objections in guardianships and conservatorships (SLR 9.081)
An oral objection under ORS 125.075(1) is presented at the civil service window in the main courthouse during business hours, or to the appointed court visitor. On an objection the court schedules a hearing and notifies the parties.
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 Josephine County
In Oregon a death is registered locally, and in Josephine County certified copies of the death certificate are issued by Josephine County Public Health as well as by Oregon Health Authority - Center for Health Statistics.
Vital Records Office Record
County Registrar
Josephine County · Josephine County Public Health
Phone
Hours
Monday-Thursday 8:00 AM-noon and 1:00 PM-5:00 PM; Friday 8:00 AM-noon
Office
715 Northwest Dimmick Street, Grants Pass, OR 97526
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
Josephine County · Josephine County Medical Examiner
Phone
Verified November 2, 2026 · Source
Transferring Property in Josephine 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 Josephine County are recorded with the County Clerk at 500 Northwest 6th Street, Room 170, Grants Pass, OR 97526. Phone: 1-541-474-5240. Hours: Monday-Friday 8:30 AM-noon and 1:00 PM-4:00 PM.
The County Clerk charges $91 for the first page plus $5 for each additional page.
Josephine County accepts electronic recording through Simplifile, CSC, Indecomm, ePN, Hopdox and ValueCheck.
Recording Office Record
County Clerk
Josephine County · County Clerk/Recorder
Phone
Hours
Monday-Friday 8:30 AM-noon and 1:00 PM-4:00 PM
Office
500 Northwest 6th Street, Room 170, Grants Pass, OR 97526
Website
Fees
Recording fees
| Base fee (first page) | $91 |
| 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 Josephine 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 Josephine 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.
Day, Driver, Fournier & Reinhart LLP has served the Grants Pass and Southern Oregon community for over 50 years. The firm helps clients create estate plans including wills, revocable and irrevocable trusts, powers of attorney, advance directives, and transfer-on-death deeds, and handles probate and trust administration.
Sorenson, Ransom & Ferguson is a civil law firm in Grants Pass whose four attorneys routinely assist clients with estate planning, probate and trust administration, elder law, guardianships and conservatorships, and other general civil legal matters throughout Southern Oregon.
Diana Jean Bettles Attorney at Law provides estate law services in Klamath Falls, Oregon, including estate planning, estate administration, wills, trusts, and powers of attorney. The office serves clients throughout Klamath County.
The Law Offices of Melinda M. Brown PC provides estate planning and probate services from fully staffed offices in Klamath Falls and Albany, Oregon. The firm handles living wills, estates, guardianships, powers of attorney, advance medical directives, estate administration, and conservatorships. Melinda Brown is licensed in Oregon, Washington, and California.
Serves Klamath, Jackson, Lake, Josephine, Curry, Coos, and Douglas counties from Klamath Falls, with virtual appointments for the outlying counties. Handles wills and trusts, probate, and deed preparation, alongside a consumer bankruptcy practice that matters when an estate carries more debt than assets. Free initial consultation for estate planning matters.
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)
- Josephine County Circuit Court, official page
- Josephine County Clerk, official page
- Josephine 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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