Morley Thomas Law Firm has served Linn County for over 75 years from its Lebanon office, also acting as city attorney for Lebanon and Scio. Practice areas include wills, trusts, probate, estate planning, real estate, and business law.
What to Do When Someone Dies in Linn County, Oregon
How probate works in Linn County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Linn County Circuit Court
Linn County · 23rd Judicial District
Phone
Hours
Monday-Friday 8:00 AM-noon and 1:00 PM-5:00 PM
Office
300 Southwest Fourth Avenue, Albany, OR 97321
Website
E-filing
Filing in person
Walk-ins accepted
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)).
Filing in person
Walk-ins acceptedNew case filings, fee deferrals and fee waivers are taken at the counter in room 107 from 8:00 to 11:30 a.m. and 1:00 to 4:30 p.m. on weekdays. A drop box in room 107 takes filings and payments while the courthouse is open and the records office is closed, and items left by 5:00 p.m. are filed that day.
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 counter takes cash, credit and debit cards, checks and money orders. Mailed payments are a check or money order payable to State of Oregon, and a returned check carries a $35 fee. Visa, MasterCard and Discover payments are taken by phone at 1-541-967-3838 with no transaction fee.
Self-help center
- Linn County Law Library, 304 Broadalbin Street SW, AlbanyThe law library is run by the Linn County Commissioners Office.
P.O. Box 1749
Albany, OR 97321
Fax
1-541-928-8725
Departments
- Civil Records1-541-967-3845 · Room 107 · (option 2, then option 3) · Monday-Friday 8:00 AM-noon and 1:00 PM-5:00 PMCivil Records takes probate and guardianship filings.
- Accounting1-541-967-3838 · Room 107An accounting clerk takes card payments by phone.
- Copy Center1-541-967-3845 · Room 107 · (option 2, then option 6) · Monday-Friday 8:00 AM-noon and 1:00 PM-5:00 PMCertified copies of documents and fiduciary letters are requested through the Copy Center.
About the court
- Filings and payments are taken at the counter in room 107 on the first floor of the courthouse. Calendaring is in room 300.
Verified October 16, 2026 · Source
How Probate Works in Linn 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 Linn County, probate runs through the Circuit Court at 300 Southwest Fourth Avenue, Albany. The court sits in the 23rd 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 Linn County
What probate costs in Linn 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 300 Southwest Fourth Avenue, Albany. The court is part of the 23rd Judicial District.
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 Linn County, Oregon are filed at the Circuit Court. The court sits in the 23rd Judicial District.
Beside the filing office, the court lists separate lines for Civil Records, Accounting, and Copy Center.
The law library is run by the Linn County Commissioners Office.
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 Linn County Self-Filing Assessment.
Linn 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
Fiduciaries are bonded for the full assets plus expected annual income, or the assets are restricted
The court generally requires a fiduciary to be bonded for the full amount of the assets plus the annual income expected. Restricting the assets is the alternative: the restriction language goes in the judgment, and the acknowledgment of restriction is filed within 30 days of its entry.
SourceA courtesy notice flags a missed filing deadline
When a filing deadline is missed, the court sends a courtesy notice naming the omitted filing. If it is not cured within 30 days, a citation hearing is scheduled.
SourceDocument Requirements
The original will is submitted within seven days of the petition's acceptance
Where a will is offered for probate, the original paper will is submitted within seven days after the petition is accepted.
SourceRecords Access
Certified copies of letters go only to the fiduciary or the attorney of record
Certified copies of case documents are requested on the Copy Center records request form, with copy and certification costs. The Probate department issues fiduciary letters, and certified copies of letters go only to the appointed fiduciary or the fiduciary's attorney of record.
SourceOther Requirements
A probate commissioner serves the county
The presiding judge has appointed a probate commissioner for Linn County, who exercises the powers the probate code gives a commissioner.
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 Linn County
In Oregon a death is registered locally, and in Linn County certified copies of the death certificate are issued by Linn County Health Services Vital Records as well as by Oregon Health Authority - Center for Health Statistics.
Vital Records Office Record
County Registrar
Linn County · Linn County Health Services Vital Records
Phone
Hours
Monday-Friday 8:30 AM-noon and 1:00 PM-5:00 PM
Office
315 Southwest 4th Avenue, 2nd Floor, Albany, OR 97321
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
Linn County · Linn County Medical Examiner
Phone
Hours
Monday-Thursday 8:30 AM-1:00 PM
Office
300 Southwest 4th Avenue, Albany, OR 97321
Website
Mail and offices
P.O. Box 100
Albany, OR 97321
Fax
1-541-812-8813
Verified November 2, 2026 · Source
Transferring Property in Linn 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 Linn County are recorded with the County Clerk at 421 Water Avenue Northeast, Suite 1300, Albany, OR 97321. Phone: 1-541-967-3829. Hours: Monday-Friday 8:30 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 100, Albany, OR 97321.
The County Clerk charges $105 for the first page plus $5 for each additional page.
Linn County accepts electronic recording through Simplifile.
Recording Office Record
County Clerk
Linn County
Phone
Hours
Monday-Friday 8:30 AM-5:00 PM
Office
421 Water Avenue Northeast, Suite 1300, Albany, OR 97321
Website
E-recording
available via Simplifile
P.O. Box 100
Albany, OR 97321
Fax
1-541-926-5109
Recording fees
| Base fee (first page) | $105 |
| 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 Linn 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 Linn 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.
Evashevski Elliott PC has represented individuals in Oregon's Willamette Valley for more than 25 years in estate planning, probate and trust administration, and trust and estate litigation.
Serves Linn, Benton, Marion, Polk, and Lincoln counties from Albany. Handles wills and trusts, powers of attorney, probate and estate administration, estate litigation, and guardianship and conservatorship petitions. Offers a free 30-minute initial consultation.
Weatherford Thompson is Oregon's oldest law firm with continuous family participation, serving Linn and Benton County since 1875. Their trusts and estates attorneys provide sophisticated tax and estate planning, administration of estates and trusts, drafting wills, trusts, business and marital agreements, and formation and administration of charitable entities.
Bassinger Hoyt LLC
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.
Collier Law is a locally-owned Salem firm specializing in estate planning, living trusts, and probate. The firm develops long-term relationships with clients and provides a warm, calming environment for estate planning discussions. Spanish speaking attorneys and staff available.
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)
- Linn County Circuit Court, official page
- Linn County Clerk, official page
- Linn 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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