What to Do When Someone Dies in Lincoln County, Oregon

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

Probate Court Record

Lincoln County Circuit Court

Lincoln County · 17th Judicial District

Hours

Monday-Friday 8:00 AM-noon and 1:00 PM-4:00 PM (court administration office)

Office

225 West Olive Street, Newport, OR 97365

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 court's probate self-help page covers filing a simple estate affidavit and the copies that go to the state agencies. Under the local rules, a personal representative who appears without a lawyer gives the court notice of that intent and proof of competency.

Accepted payment

  • At the counterCash, Check, Credit card.The circuit court takes cash, checks and credit cards in person, checks by mail, and credit card payments by phone at 1-888-564-2828.

Self-help center

  • Lincoln County Courthouse Law Library, 34 C N. Coast Hwy, Newport (just east of the courthouse)The law library is run by the Lincoln County Board of Commissioners, whose office is in room 110 on the first floor of the courthouse.

Verified October 16, 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 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 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.

Procedures at this court that affect cost: Accountings follow the statewide form and list each disbursement in place of vouchers.

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 Lincoln County, Oregon are filed at the Circuit Court. The court sits in the 17th Judicial District.

Beside the filing office, the court lists separate lines for Civil Department and Financial Department.

The law library is run by the Lincoln County Board of Commissioners, whose office is in room 110 on the first floor of the courthouse.

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 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

Non-professional personal representatives complete a fiduciary education class within 60 days

A non-professional personal representative registers for the court-required fiduciary education class within 15 days of appointment, completes it within 60 days, and files a certificate of completion with the Probate Department. The class fee is a cost of administration and may be waived or deferred; professional fiduciaries are exempt.

Source

An estate opened only for a wrongful death claim

Where a wrongful death claim is the only asset, the petition says so and the order appoints the personal representative for the sole purpose of prosecuting the claim. The inventory and accounting are then waived unless other probate assets are found.

Source

Document Requirements

Simple estate affidavit attachments and the copies sent to the state

An intestate simple estate affidavit is filed with a certified copy of the death certificate; a testate one is filed with the original will and a certified copy of the death certificate. One copy of the affidavit is mailed to the Estate Administration Unit of the Oregon Department of Human Services and one to the Oregon Health Authority, at the addresses on the court's probate page.

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 Lincoln County

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

Vital Records Office Record

County Registrar

Lincoln County · Lincoln County Vital Records

Office

255 Southwest Coast Highway, Suite 101, Newport, OR 97365

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

Lincoln County · Lincoln County Medical Examiner's Office

Office

255 Southwest Coast Highway, Newport, OR 97365

Mail and offices

Fax

1-541-265-0500

Verified November 2, 2026 · Source

Transferring Property in Lincoln 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 Lincoln County are recorded with the County Clerk at 225 West Olive Street, Room 201, Newport, OR 97365. Phone: 1-541-265-4121. Hours: Monday-Friday 8:00 AM-5:00 PM.

The County Clerk charges $111 for the first page plus $5 for each additional page.

Lincoln County accepts electronic recording through Simplifile.

Recording Office Record

County Clerk

Lincoln County

Hours

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

Office

225 West Olive Street, Room 201, Newport, OR 97365

E-recording

available via Simplifile

Fees

Recording fees

Base fee (first page)$111
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 Lincoln 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 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.

Coast 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.

Estate PlanningTrust AdministrationProbateFamily LawWills

Newport 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.

Estate PlanningTrust AdministrationProbateFamily Law

Zantello 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.

Free consultationEstate PlanningTrust AdministrationProbateWills

Albright 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.

Estate PlanningTrust AdministrationProbateConservatorshipGuardianshipWills

Blair 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.

Solo PracticeEstate PlanningProbateBusiness LawCivil LitigationReal Estate

Costello 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.

Since 1977Estate PlanningTrust AdministrationProbateFamily Law

See all 10 firms serving Lincoln 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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