What to Do When Someone Dies in Lincoln County, Oregon
Probate in Lincoln County runs through the Circuit Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Lincoln County, settling their estate runs through the Circuit Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Circuit Court
Lincoln County · 17th Judicial District
Address
225 West Olive StreetNewport, OR 97365
Phone
Fax
541-265-7561
Hours
Monday - Friday, 8:00 AM - 5:00 PM
Paper filing availableE-filing required for attorneysSelf-filing allowed
Accepted paymentCash, Check, Credit card. Pay in person at the circuit court by cash, check, or credit card; checks accepted by mail (PO Box 100); card payments by phone at 1-888-564-2828.
Mailing address: P.O. Box 100, Newport, OR 97365. Court Administration Office hours: 8:00 AM - 4:00 PM, closed 12:00 PM - 1:00 PM.
Verified July 4, 2026 · Source
How Probate Works in Lincoln 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 Lincoln County, probate runs through the Circuit Court at 225 West Olive Street, Newport. The court sits in the 17th 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 Jul 15, 2026View source to 12 monthsORS 114.510 & 114.515 (simple estateVerified Jul 15, 2026View source to move through this process. The 4 monthsORS 115.005Verified Jul 15, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Lincoln County
What probate costs in Lincoln 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 225 West Olive Street, Newport. The court is part of the 17th Judicial District.
Local procedures at this court: Simple Estate Affidavit attachments and service copies; Simple Estate Affidavit timing. These are county-specific and not posted on the statewide court site.
Oregon charges $278 - $1,176 (based on estate value)ORS 21.170(1)Verified Jul 15, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the Circuit Court (https://www.courts.oregon.gov/services/online/Pages/file-and-serve.aspx). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in Oregon are negotiated, typically 2%ORS 116.183 (reasonable compensation; no statutory percentage)Verified Jul 15, 2026View source to 3.2%ORS 116.183 (reasonable compensation; no statutory percentage)Verified Jul 15, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in Oregon, typically 2%ORS 116.173 (7% first $1K, 4% $1K-$10K, 3% $10K-$50K, 2% over $50K; +1% of non-jurisdictional estate-tax-reportable property; + reasonable for extraordinary services)Verified Jul 15, 2026View source to 7%ORS 116.173 (7% first $1K, 4% $1K-$10K, 3% $10K-$50K, 2% over $50K; +1% of non-jurisdictional estate-tax-reportable property; + reasonable for extraordinary services)Verified Jul 15, 2026View source of estate value. Family executors who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Oregon requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%ORS 113.105Verified Jul 15, 2026View source of estate value annually.
Probate in Oregon typically runs 6 monthsORS 114.510 & 114.515 (simple estateVerified Jul 15, 2026View source to 12 monthsORS 114.510 & 114.515 (simple estateVerified Jul 15, 2026View source, and costs accrue throughout. The 4 monthsORS 115.005Verified Jul 15, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the Circuit Court
If you're handling probate yourself in Lincoln County, Oregon, you can file at the Circuit Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 17th Judicial District.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in Lincoln County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationPaper Filing Required For
- •Self-represented (pro se) filers are exempt from mandatory e-filing. UTCR 21.140 requires only active Oregon State Bar members to e-file; pro se filers may file conventionally on paper or in person.
Can You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Circuit Court is realistic.
For a full cost comparison and filing checklist, see the Lincoln County Self-Filing Assessment.
Lincoln 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
Simple Estate Affidavit timing
A Simple Estate Affidavit may be filed no less than 30 days after the death, by an heir, devisee, or creditor, in the county where the decedent died, was domiciled or resided, or where estate property is located.
SourceDocument Requirements
Simple Estate Affidavit attachments and service copies
For an intestate Simple Estate, a certified copy of the death certificate must be attached to the affidavit; for a testate estate, the original will and a certified death certificate must be attached. Copies of the affidavit must be mailed to the Department of Human Services Estate Administration Unit (PO Box 14021, Salem, OR 97319-5024) and the Oregon Health Authority (500 Summer Street NE, E-20, Salem, OR 97301-1097).
SourceBefore You Go
Accepted payment
Cash, Check, Credit card. Pay in person at the circuit court by cash, check, or credit card; checks accepted by mail (PO Box 100); card payments by phone at 1-888-564-2828.
What to Bring
To file at the Circuit Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Lincoln County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the County Clerk.
Recording Office Record
County Clerk
Lincoln County
Address
225 West Olive Street, Room 201Newport, OR 97365
Phone
Hours
Monday - Friday, 8:00 AM - 5:00 PM (recording accepted 9:00 AM - 4:30 PM)
E-recording
Available via Simplifile
Recording fees
| Base fee (first page) | $111 |
| Each additional page | $5 |
Oregon charges $5 for EVERY page including the first (ORS 205.320(1)(d)(A)) — there is no flat base fee and no "first N pages" threshold. The first page costs more only because flat per-document surcharges are added once per instrument: $76 state minimum ($5 page + $1 OLIS + $10 A&T + $60 affordable housing, per ORS 205.323(1)(a)-(c)), plus this county's local surcharges, for a $111 first-page total. Each additional page is $5. All three state surcharges apply to a TOD deed — it is in none of the ORS 205.323(2)/(3) exemption lists. Effective Jul 1, 2026. Fee breakdown: $5 recording + $11 A&T + $28 survey (PLC) + $7 GIS + $60 housing = $111.
ORS 205.320(1)(d)(A); ORS 205.323(1)
Fee breakdown (eff. Jul 1, 2026): $5 recording + $11 assessment & taxation + $28 survey (PLC, raised from $10 post-HB 3175) + $7 GIS + $60 housing alliance = $111 first page, $5 each additional page.
Verified July 14, 2026 · Source
Probate Attorneys Serving Lincoln County
Oregon uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Lincoln County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Oregon are based on reasonable compensation — typically 2%ORS 116.183 (reasonable compensation; no statutory percentage)Verified Jul 15, 2026View source to 3.2%ORS 116.183 (reasonable compensation; no statutory percentage)Verified Jul 15, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Lincoln 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.
Oregon Coast Firms
Coast Family Law, LLC
FirmCoast Family Law provides personalized estate planning services to clients on the Oregon Coast, including Clatsop, Tillamook, and Lincoln counties. Services include wills, trusts, beneficiary designations, powers of attorney, and advance directives.
Location
3410 Hwy 101, Ste BGearhart, OR 97138
Phone
(503) 739-7616
Estate PlanningProbateTrust AdministrationWillsFamily Law
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Newport Law, LLC
FirmNewport Law provides thoughtful and dependable legal services for individuals and families on the Oregon Coast. The firm focuses on guiding clients through estate planning, estate administration, family law, and landlord-tenant matters with skill and sensitivity.
Location
111 SE Douglas St, Suite F3Newport, OR 97365
Phone
(541) 264-8157
Estate PlanningProbateTrust AdministrationFamily Law
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Albright Kittell PC
FirmAlbright Kittell PC is the longest-standing law firm in Tillamook County, focusing on building and protecting client legacies through estate planning, probate, wills, trusts, guardianships, and conservatorships.
Location
2308 Third StTillamook, OR 97141
Phone
(503) 842-6633
Estate PlanningProbateTrust AdministrationWillsGuardianshipConservatorship
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Blair Henningsgaard, Attorney at Law
Solo PracticeBlair Henningsgaard has practiced law in Astoria since 1983, serving the North Oregon Coast with estate planning, probate, real estate, and business law. A former Clatsop County Commissioner and Astoria City Attorney, he has appeared in courts throughout Oregon including the Oregon Supreme Court and 9th Circuit Court of Appeals.
Location
818 Commercial St, Suite 403Astoria, OR 97103
Phone
(503) 325-0151
Estate PlanningProbateReal EstateBusiness LawCivil Litigation
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Costello Law Office, P.C.
FirmCostello Law Office has provided professional legal services in Coos Bay since 1977. The firm offers experienced counsel in estate planning, probate, family law, and small business law. Attorney Karen L. Costello serves as City Attorney for Coquille and Associate Judge for the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians.
Location
895 Commercial AveCoos Bay, OR 97420
Phone
(541) 808-0284
Established
1977
Estate PlanningProbateTrust AdministrationFamily Law
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Zantello Law Group
FirmZantello Law Group serves Lincoln County, Tillamook County, and the Oregon Coast with estate planning services. The firm has more than 100 years of combined experience helping clients with wills, trusts, probate, and estate administration.
Location
1818 NE 21st StLincoln City, OR 97367
Phone
(541) 994-7350
Estate PlanningProbateTrust AdministrationWills
Free consultationVisit site
Statewide Practices
Ballard Spahr LLP (formerly Lane Powell)
FirmAs of January 2025, Lane Powell combined with Ballard Spahr to form a nationally recognized firm of more than 750 lawyers across 18 U.S. offices. The Private Client Services Team counsels clients on estate and gift planning, estate administration, family business governance, transition planning, and dispute resolution.
Location
601 SW Second Avenue, Suite 2100Portland, OR 97204
Phone
(503) 778-2100
Service Area
Statewide
Estate PlanningProbateTrust AdministrationFiduciary LitigationBusiness SuccessionTax Planning
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Miller Nash LLP
FirmMiller Nash is a nationally recognized, industry-focused law firm with over 150 attorneys. Their estate-related practice is focused on trusts and estates litigation, including will contests, fiduciary disputes, and contested probate matters. They no longer offer transactional estate planning or probate administration.
Location
1140 SW Washington St, Suite 700Portland, OR 97205
Phone
(503) 224-5858
Service Area
Statewide
Trust LitigationEstate Litigation
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Schwabe, Williamson & Wyatt
FirmSchwabe, Williamson & Wyatt has over 170 attorneys and provides goal-oriented tax, trust, and estate planning services. The firm assists clients in Oregon and Washington with wills, revocable living trusts, powers of attorney, advance directives, and business succession strategies.
Location
1211 SW Fifth Avenue, Suite 1800Portland, OR 97204
Phone
(503) 222-9981
Service Area
Statewide
Estate PlanningProbateTrust AdministrationTax PlanningBusiness SuccessionCharitable Planning
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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
- ORS 113.105
- ORS 114.510 & 114.515 (simple estate
- ORS 115.005
- ORS 116.173 (7% first $1K, 4% $1K-$10K, 3% $10K-$50K, 2% over $50K; +1% of non-jurisdictional estate-tax-reportable property; + reasonable for extraordinary services)
- ORS 116.183 (reasonable compensation; no statutory percentage)
- ORS 21.170(1)
Data sourced from Oregon statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Circuit Court in Lincoln County, attaching the original will (if any), the death certificate, and the filing fee (about $591). Once the court issues letters, the personal representative can act.
Total probate costs on a $500,000 estate run about $26,416 statewide in Oregon. For Lincoln County, that means filing fees (about $591 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Yes. The Circuit Court in Lincoln County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The Oregon self-filing assessment scores whether this estate can be handled without one.
A simple Oregon probate typically closes in 4–6 months; average estates run 6–12 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Lincoln County probate.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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