What to Do When Someone Dies in Marion County, Oregon
Probate in Marion 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 Marion 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
Marion County · 3rd Judicial District
Address
100 High Street NESalem, OR 97301
Phone
Fax
503-373-4360
Hours
Monday - Friday, 8:00 AM - 5:00 PM
Paper filing availableE-filing required for attorneysSelf-filing allowed
Accepted paymentCash, Check, Money order, Credit card, Debit card. Credit/debit card (Visa, MasterCard, Discover), cash, check, or money order at the courthouse customer service windows; by phone at 1-888-564-2828; by mail (Attn: Accounting, P.O. Box 12869, Salem, OR 97309).
Departments
- Probate Department503-588-5141Located in First Floor Records Office.
Mailing address: P.O. Box 12869, Salem, OR 97309. Probate timeline typically 6-9 months minimum.
Verified July 4, 2026 · Source
How Probate Works in Marion 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 Marion County, probate runs through the Circuit Court at 100 High Street NE, Salem. The court sits in the 3rd 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 Marion County
What probate costs in Marion 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 100 High Street NE, Salem. The court is part of the 3rd Judicial District.
Probate matters are handled through the Probate Department. Filing and payment go through these offices, not the main clerk window.
Local procedures at this court: Annual guardian reports required for minor guardianships; Non-professional fiduciary training required; Inventory and accounting deadlines. 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 Marion 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 3rd Judicial District.
Filings here are routed through the Probate Department. Confirm with the office which intake handles the petition type you're filing.
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 Marion 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 Marion County Self-Filing Assessment.
Marion 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
Annual guardian reports required for minor guardianships
Reports must be filed within 30 days after the anniversary of the guardian's appointment each year, unless the court grants an extension.
SourceNon-professional fiduciary training required
Since March 1, 2017, non-professional fiduciaries must complete training through Guardian Partners (971-409-1358). Online attendance available upon request.
SourceInventory and accounting deadlines
Conservator inventory due within 90 days of appointment; personal representative inventory due within 60 days. Annual accountings due within 30 days of anniversary date.
SourceBefore You Go
Accepted payment
Cash, Check, Money order, Credit card, Debit card. Credit/debit card (Visa, MasterCard, Discover), cash, check, or money order at the courthouse customer service windows; by phone at 1-888-564-2828; by mail (Attn: Accounting, P.O. Box 12869, Salem, OR 97309).
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 Marion 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
Marion County
Address
555 Court Street NE, Suite 2130Salem, OR 97301
Phone
Hours
Monday - Friday, 8:30 AM - 5:00 PM
E-recording
Available via Simplifile
Recording fees
| Base fee (first page) | $86 |
| 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 $86 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.
ORS 205.320(1)(d)(A); ORS 205.323(1)
Recording office at 555 Court St NE Suite 2130 (not 100 High St). Fee breakdown: $5 recording + $10 LCP + $10 A&T + $1 OLIS + $60 HAT = $86. Marion has NOT raised its $10 PLC fee post-HB 3175. State capital county.
Verified July 14, 2026 · Source
Probate Attorneys Serving Marion County
Oregon uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Marion 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 Marion 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.
Willamette Valley Firms
Patrick E. Doyle, PC
Solo PracticePatrick E. Doyle, PC is a solo practice serving Silverton and the Willamette Valley for over 20 years, with a second office in Salem. Practice areas include estate planning, probate, trust administration, guardianships and conservatorships, real estate, and business succession.
Location
429 N Water StreetSilverton, OR 97381
Phone
(503) 874-1600
Service Area
2 counties
Estate PlanningProbateTrust AdministrationGuardianshipConservatorshipReal EstateBusiness Succession
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Collier Law
FirmCollier 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.
Location
1020 Liberty Street SESalem, OR 97302
Phone
(503) 485-7224
Estate PlanningProbateTrust AdministrationLiving TrustsGuardianshipConservatorship
Free consultationVisit site
Evans Batlan Getchell LLC
FirmEvans Batlan Getchell LLC is an estate planning law firm in Salem, Oregon, helping clients create wills and trusts, and providing guidance in probate and trust administration after death.
Location
969 13th Street SESalem, OR 97302
Phone
(503) 588-5670
Estate PlanningProbateTrust AdministrationWillsGuardianship
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Schultz & Associates Law Center, P.C.
FirmSchultz & Associates Law Center assists clients in all areas of estate and legal planning, including Medicaid planning and probate administration in Eugene, Oregon.
Location
969 Willagillespie RdEugene, OR 97401
Phone
(541) 485-5515
Estate PlanningProbateTrust AdministrationMedicaid Planning
Free consultationVisit site
Sherman, Sherman, Johnnie & Hoyt, LLP
FirmSherman, Sherman, Johnnie & Hoyt is experienced in all aspects of estate planning and in the administration of trusts, estates, and the probate process. Their attorneys work with clients to determine their needs and provide options for wealth preservation goals.
Location
693 Chemeketa Street NESalem, OR 97301
Phone
(503) 364-2281
Established
1949
Estate PlanningProbateTrust AdministrationWealth Preservation
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Willamette Legacy Law
FirmStephanie M. Palmblad at Willamette Legacy Law assists clients with creating wills, trusts, and other documents to help manage their affairs. In probate matters, she helps clients finalize their loved ones' estates or create guardianships or conservatorships for family members.
Location
1032 3rd St NWSalem, OR 97304
Phone
(971) 345-6986
Estate PlanningProbateTrust AdministrationGuardianshipConservatorship
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Evashevski Elliott PC
FirmEvashevski 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.
Location
745 NW Van Buren AveCorvallis, OR 97330
Phone
(541) 754-0303
Estate PlanningProbateTrust AdministrationTrust LitigationEstate Litigation
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Felling, Reid & Duxbury, LLC
FirmFelling, Reid & Duxbury provides comprehensive estate planning services including wills, trusts, powers of attorney, guardianships, and conservatorships. The firm serves clients throughout Polk, Lincoln, Marion, Benton, and Linn counties from their Albany office.
Location
221 3rd Ave SWAlbany, OR 97321
Phone
(541) 926-1554
Estate PlanningProbateTrust AdministrationWillsGuardianshipConservatorship
Free consultationVisit site
Hanawalt Ferguson, Attorneys at Law
FirmHanawalt Ferguson provides estate planning and trust administration services in Florence, Oregon. Their services include review of existing estate plan documents, planning for disposition of property, analysis of tax issues, and medical and incapacity planning.
Location
327 Laurel StFlorence, OR 97439
Phone
(541) 997-2635
Estate PlanningProbateTrust AdministrationWills
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Hershner Hunter, LLP
FirmHershner Hunter estate planning attorneys in Eugene, Oregon specialize in wills and trusts, probate, and business succession planning for individuals and families throughout the Willamette Valley. The firm has served the region for over 75 years.
Location
675 Oak Street, Suite 400Eugene, OR 97401
Phone
(541) 686-8511
Estate PlanningProbateTrust AdministrationBusiness Succession
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Northwest Legal
FirmNorthwest Legal's Eugene estate planning law firm helps clients with wills, trusts, asset protection, probate, and estate disputes throughout the Willamette Valley.
Location
975 Oak Street, Suite 700Eugene, OR 97401
Phone
(541) 357-8417
Estate PlanningProbateTrust AdministrationAsset ProtectionEstate Disputes
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Tom Hoyt Attorney, P.C.
Solo PracticeTom Hoyt is an experienced, practicing attorney in Eugene, Oregon specializing in wills, trusts, estate planning, and estate administration.
Location
1200 Executive Parkway, Suite 320Eugene, OR 97401
Phone
(541) 687-8700
Estate PlanningProbateTrust AdministrationEstate Disputes
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Weatherford Thompson
FirmWeatherford 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.
Location
130 W 1st AveAlbany, OR 97321
Phone
(541) 926-2255
Established
1875
Estate PlanningProbateTrust AdministrationTax PlanningBusiness SuccessionCharitable Planning
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Willamette NW Law Firm, LLC
FirmWillamette NW Law Firm, LLC is the Eugene practice of attorney Megan Salsbury, focused on estate planning (wills, trusts, powers of attorney, guardianships, advance directives), trust administration, probate, and business and commercial real estate law. The firm serves clients throughout Oregon from its W. 7th Avenue office.
Location
735 W 7th AveEugene, OR 97402
Phone
(541) 246-8752
Estate PlanningProbateTrust AdministrationWillsGuardianshipBusiness LawReal Estate
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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
Visit site
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 Marion 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 Marion 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 Marion 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 Marion County probate.
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