The Law Office of Rebecca Whitney-Smith is a Klamath Falls solo practice handling wills, trusts, probate, and small estates, building estate plans tailored to each family. The firm also handles personal injury and family law matters.
What to Do When Someone Dies in Klamath County, Oregon
How probate works in Klamath County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Klamath County Circuit Court
Klamath County · 13th Judicial District
Phone
Hours
Monday-Thursday 8:00 AM-noon and 1:00 PM-5:00 PM; Friday 9:00 AM-noon and 1:00 PM-5:00 PM
Office
316 Main Street, Klamath Falls, OR 97601
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, Money order, Credit card, Debit card.The customer service windows take Visa, MasterCard or Discover credit and debit cards, cash, checks and money orders. Card payments are also taken by phone at 1-541-883-5503.
County forms
- Objection to Petition or Motion in a Protective Proceeding (Appendix J)The written objection form SLR 9.081 requires in a guardianship or conservatorship.
Fax
1-541-882-6109
Departments
- Civil Division1-541-883-5503 · (option 5)Civil cases, domestic relations, juvenile matters, probate and guardianship, small claims and landlord-tenant matters.
- Records Requests1-541-883-5503 · (option 3)
Verified October 16, 2026 · Source
How Probate Works in Klamath 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 Klamath County, probate runs through the Circuit Court at 316 Main Street, Klamath Falls. The court sits in the 13th 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 Klamath County
What probate costs in Klamath 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 316 Main Street, Klamath Falls. The court is part of the 13th Judicial District.
Procedures at this court that affect cost: Accountings, vouchers and account statements (SLR 9.161, 9.185); Court visitor fees (SLR 9.041).
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 Klamath County, Oregon are filed at the Circuit Court. The court sits in the 13th Judicial District.
Beside the filing office, the court lists separate lines for Civil Division and Records Requests.
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 Klamath County Self-Filing Assessment.
Klamath 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
Probate commissioner (SLR 9.001)
A probate commissioner screens every probate filing for procedural compliance and makes orders on uncontested petitions to probate a will and appoint a personal representative, guardian or conservator, sets and approves bonds, and approves uncontested accountings. Any interested party may move to set aside or modify a commissioner's order within 30 days.
SourceCourtesy notices for late or deficient filings (SLR 9.061)
A late or deficient required filing draws a courtesy notice to the attorney, or to the personal representative, conservator or guardian where there is none. If it is not corrected within 30 days the court orders the fiduciary to appear and show cause.
SourceDocument Requirements
Inventory descriptions (SLR 9.011)
An estate inventory lists real property by legal description, county tax account number and lot number as in a deed, and describes every other asset specifically enough to identify it.
SourceCourt Appearances
Self-represented personal representatives (SLR 9.006)
A personal representative or conservator who intends to act without an attorney gives the court notice of that intent, and the court acts if the showing does not assure it that the estate will be properly administered.
SourceObjections in protective proceedings (SLR 9.081)
An objection to a petition or motion in a guardianship or conservatorship is written on the court's Appendix J form and filed by mail or at the clerk's counter. A respondent or protected person may object orally to the clerk during court hours or to the court visitor.
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 Klamath County
In Oregon a death is registered locally, and in Klamath County certified copies of the death certificate are issued by Klamath County Public Health as well as by Oregon Health Authority - Center for Health Statistics.
Vital Records Office Record
County Registrar
Klamath County · Klamath County Public Health
Phone
Office
3314 Vandenberg Road, Klamath Falls, OR 97603
Website
Fax
1-541-885-3638
Certified copy fees
| First certified copy | $25 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
District Medical Examiner
Klamath County · Klamath County Medical Examiner
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
13309 Southeast 84th Avenue, Suite 100, Clackamas, OR 97015
Website
Serves this county
Oregon State Medical Examiner's Office
Verified November 2, 2026 · Source
Transferring Property in Klamath 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 Klamath County are recorded with the County Clerk at 305 Main Street, Klamath Falls, OR 97601. Phone: 1-541-883-5134. Hours: Monday-Friday 8:00 AM-5:00 PM.
The County Clerk charges $87 for the first page plus $5 for each additional page.
Klamath County accepts electronic recording through CSC, Hopdox, Indecomm, Simplifile and ValueCheck.
Recording Office Record
County Clerk
Klamath County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
305 Main Street, Klamath Falls, OR 97601
Website
Fees
Recording fees
| Base fee (first page) | $87 |
| 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 Klamath 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 Klamath 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.
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.
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.
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.
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)
- Klamath County Circuit Court, official page
- Klamath County Clerk, official page
- Klamath 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
Browse vetted Oregon attorneys handling probate matters.
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