What to Do When Someone Dies in Lane County, Oregon

How probate works in Lane County: the Circuit Court record, what the process costs, and how to file there.

Probate Court Record

Lane County Circuit Court

Lane County · 2nd Judicial District

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

125 East 8th Avenue, Eugene, OR 97401

Files probate

Probate Department

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, and credit card payments are taken by phone at 1-541-682-4020.

Hearing schedule

  • Protective proceeding hearings before the Probate Commissioner, and hearings on objections to a final estate account, are set on Mondays; a hearing expected to run past two hours goes on the trial docket.

Self-help center

  • Lane County Courthouse, basementThe Lane County Law Library in the courthouse basement is open to the public and holds publications on probate and the Oregon Revised Statutes.

Verified October 16, 2026 · Source

How Probate Works in Lane 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 Lane County, probate runs through the Circuit Court at 125 East 8th Avenue, Eugene. The court sits in the 2nd 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 Lane County

What probate costs in Lane 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 125 East 8th Avenue, Eugene. The court is part of the 2nd Judicial District.

Procedures at this court that affect cost: Accounts in decedents' estates (SLR 9.161, 9.162); Court visitor fee in guardianships (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 Lane County, Oregon are filed at the Probate Department of the Circuit Court. The court sits in the 2nd Judicial District.

The Lane County Law Library in the courthouse basement is open to the public and holds publications on probate and the Oregon Revised Statutes.

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 Lane County Self-Filing Assessment.

Lane 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

Filing probate matters and ex parte orders (SLR 9.002, 9.003)

Probate matters that need the probate judge's authorization, approval or signature are filed with the court clerk's office. Ex parte orders and judgments in estates, guardianships and conservatorships may be filed at any time without the fiduciary's attorney appearing.

Source

Courtesy notices and surety notice (SLR 9.005, 9.022)

A late or deficient required filing draws a courtesy notice to the attorney of record, and if it is not corrected in the time the notice sets the court sets a status hearing requiring a personal appearance. Where a bond is posted, the surety is notified of a resignation or substitution of attorney, with proof to the court.

Source

Education class for non-professional guardians and conservators (SLR 9.093)

A non-professional guardian or conservator registers for the court-required class within 20 days of appointment, completes it within 90 days and files the certificate of completion with the probate department.

Source

Document Requirements

Filing the will of a decedent with no estate opened

A will is filed only when a probate case is opened, with one exception: a person holding the original will of a decedent who cannot find the named personal representative may file it with the court.

Source

Court 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 proof of competence to appear, and the court acts if the proof does not assure it that the estate will be properly administered.

Source

Objections in protective proceedings (SLR 9.081)

A respondent or protected person may object in writing or orally, by asking for the probate clerk at the clerk's office during business hours or by telling the court visitor. Another interested person objects to a motion only in writing, and the probate clerk provides the objection form for an oral objection to a petition.

Source

What 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 Lane County

In Oregon a death is registered locally, and in Lane County certified copies of the death certificate are issued by Lane County Vital Records as well as by Oregon Health Authority - Center for Health Statistics.

Vital Records Office Record

County Registrar

Lane County · Lane County Vital Records

Hours

Monday-Tuesday, Thursday-Friday 9:00 AM-4:30 PM; Wednesday 10:00 AM-4:30 PM

Office

151 West 7th Avenue, Suite 100-1A, Eugene, OR 97401

Certified copies

At the counter

Fax

1-541-682-9825

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Medical Examiner

Lane County · Lane County Death Investigations Division

Hours

Monday-Friday 8:00 AM-noon and 1:00 PM-5:00 PM

Office

125 East 8th Avenue, Room 400, Eugene, OR 97401

Mail and offices

Fax

1-541-682-9933

Verified November 2, 2026 · Source

Transferring Property in Lane 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 Lane County are recorded with the County Clerk at 125 East 8th Avenue, Eugene, OR 97401. Phone: 1-541-682-3654. Hours: Monday-Friday 9:00 AM-noon and 1:00 PM-4:00 PM.

The County Clerk charges $102 for the first page plus $5 for each additional page.

Lane County accepts electronic recording through Simplifile.

Recording Office Record

County Clerk

Lane County · Deeds & Records

Hours

Monday-Friday 9:00 AM-noon and 1:00 PM-4:00 PM

Office

125 East 8th Avenue, Eugene, OR 97401

E-recording

available via Simplifile

Fees

Recording fees

Base fee (first page)$102
Each additional page$5
Transfer tax on a TOD deedNo transfer tax applies to TOD deeds

ORS 205.320(1)(d)(A); ORS 205.323(1)

Verified October 16, 2026 · Source

Probate Attorneys Serving Lane 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 Lane 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.

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.

Solo PracticeEstate PlanningTrust AdministrationProbateEstate Disputes

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.

Free consultationEstate PlanningTrust AdministrationProbateWills

See all 18 firms serving Lane County →

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)·

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

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