Probate in Linn 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 Linn 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
Linn County · 23rd Judicial District
Address
Phone
Hours
Accepted paymentCash, Check, Money order, Credit card, Debit card. In person by cash, credit/debit card, check, or money order; by phone with Visa, MasterCard, or Discover at 541-967-3838 (no transaction fee); mailed payments must be check or money order payable to 'State of Oregon' (PO Box 1749). $35 returned-check fee.
Mailing address: P.O. Box 1749, Albany, OR 97321. New filings accepted 8:00 AM - 11:30 AM, 1:00 PM - 4:30 PM.
Verified July 4, 2026 · Source
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 SW 4th 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. The 4 monthsORS 115.005Verified Sep 8, 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 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 SW 4th 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 Sep 8, 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 Sep 8, 2026View source to 3.2%ORS 116.183 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in Oregon. 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 Sep 8, 2026View source of estate value annually.
Probate in Oregon typically runs 6 months to 12 months, and costs accrue throughout that period.
If you're handling probate yourself in Linn 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 23rd Judicial District.
How to File Your Documents
You can file your probate documents in person or by mail. While attorneys are required to e-file in Linn County, families handling probate themselves are exempt and can file on paper.
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
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 Linn County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Bonding required for full assets plus annual income
Court requires fiduciaries to carry bonds for the full amount of assets plus annual income expected. Asset restriction may substitute but must appear in judgment and be filed within 30 days.
SourceCourtesy notice system for missed deadlines
If missed filing deadlines are not corrected within 30 days of courtesy notice, a citation hearing is scheduled.
SourceOriginal will must be submitted within 7 days
Original hard copy of will must be submitted within 7 days of petition acceptance in testate cases.
SourceBefore You Go
You can file in person without an appointment. Counter accepts walk-in filings. New case filings, fee deferrals, and fee waivers accepted 8:00 AM - 11:30 AM and 1:00 PM - 4:30 PM, Monday through Friday (excluding legal holidays). A secure drop box is also available for filings and payments.
Cash, Check, Money order, Credit card, Debit card. In person by cash, credit/debit card, check, or money order; by phone with Visa, MasterCard, or Discover at 541-967-3838 (no transaction fee); mailed payments must be check or money order payable to 'State of Oregon' (PO Box 1749). $35 returned-check fee.
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.
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 NE, Suite 1300, Albany, OR 97321. Phone: 541-967-3829. Hours: Monday - Friday, 8:30 AM - 5:00 PM (recording accepted until 4:00 PM).
Documents submitted by mail go to PO 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
Linn County
Address
Phone
Fax
Hours
E-recording
Recording fees
| Base fee (first page) | $105 |
| Each additional page | $5 |
ORS 205.320(1)(d)(A); ORS 205.323(1)
Verified September 8, 2026 · Source
Oregon uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Linn 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 Sep 8, 2026View source to 3.2%ORS 116.183 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate's value, 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.
FirmLebanon, OR
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.
PracticesEstate PlanningTrust AdministrationProbateBusiness Lawand 2 more
FirmCorvallis, OR
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.
PracticesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation
FirmAlbany, OR
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.
PracticesEstate PlanningTrust AdministrationProbateConservatorshipand 2 more
FirmAlbany, OR
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.
PracticesEstate PlanningTrust AdministrationProbateTax Planningand 2 more
Solo PracticeEugene, OR
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.
PracticesEstate PlanningTrust AdministrationProbateEstate Disputes
FirmSalem, OR
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.
PracticesEstate PlanningTrust AdministrationProbateConservatorshipand 2 more
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.
Data sourced from Oregon statutes and official state code. How we research.
Each institution has a separate death claim process. Find yours below.
Get a complete guide for your specific circumstances.
Vehicles, jewelry, collectibles, etc.
Mortgages, credit cards, loans, etc.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
Select your state and enter an estate value to see a detailed cost estimate.
Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
Total probate assets (exclude beneficiary-designated accounts)
Enter your state and estate value to get a personalized recommendation with estimated cost savings.
Score-based assessment with reasoning
Cost comparison vs. hiring an attorney
This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Step-by-step tools for families in Linn County, Oregon.
Get a personalized plan for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
Get a personalized plan for settling a trust after the grantor passes away. Covers beneficiary notification, asset transfers, creditor handling, taxes, and distributions.
Get a score-based recommendation on whether self-filing probate is right for your situation. See estimated savings vs. hiring an attorney and get a step-by-step checklist.
Browse vetted Oregon attorneys handling probate matters.
