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Home→Tools→Probate Decision Tool→Oregon

When Is Probate Required in Oregon?

Answer a few questions to find out if an estate needs full probate, qualifies for simplified procedures, or can avoid probate entirely.

Frequently Asked Questions

Oregon allows a Simple Estate Affidavit for estates with personal property valued at $75,000 or less.ORS 114.510 & 114.515 (simple estate; 2025 SB 15 and SB 168 / 2025 c.34 enrolled text), ORS 115.005 (creditor claims), ORS 116.173 (PR commission), ORS 116.183 (attorney fees), ORS 113.105 (bond), ORS 113.155 (publication), ORS 113.165 (inventory, 90 days), ORS 114.275 (unsupervised administration), ORS 118.010 (estate tax) — all via oregonlegislature.gov / oregon.public.law, re-verified 2026-05-05Verified May 5, 2026 There is a 30-day waiting period after the date of death before this procedure can be used.

Real property valued under $200,000 may qualify for simplified transfer procedures in Oregon.ORS 114.510 & 114.515 (simple estate; 2025 SB 15 and SB 168 / 2025 c.34 enrolled text), ORS 115.005 (creditor claims), ORS 116.173 (PR commission), ORS 116.183 (attorney fees), ORS 113.105 (bond), ORS 113.155 (publication), ORS 113.165 (inventory, 90 days), ORS 114.275 (unsupervised administration), ORS 118.010 (estate tax) — all via oregonlegislature.gov / oregon.public.law, re-verified 2026-05-05Verified May 5, 2026 Real property above this amount typically requires formal probate unless it was held in a trust or with right of survivorship.

In Oregon, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. The trust vs. will comparison outlines how a trust helps bypass probate.

In Oregon, simple estates typically take 4-6 months. Average estates take 6-12 months. Complex estates with disputes or unusual assets can take 12-24 months or longer.ORS 114.510 & 114.515 (simple estate; 2025 SB 15 and SB 168 / 2025 c.34 enrolled text), ORS 115.005 (creditor claims), ORS 116.173 (PR commission), ORS 116.183 (attorney fees), ORS 113.105 (bond), ORS 113.155 (publication), ORS 113.165 (inventory, 90 days), ORS 114.275 (unsupervised administration), ORS 118.010 (estate tax) — all via oregonlegislature.gov / oregon.public.law, re-verified 2026-05-05Verified May 5, 2026 Estimate total costs with the Oregon probate calculator.

Probate costs in Oregon typically include attorney fees, executor fees, court filing fees, and publication costs. Total costs generally range from 3-8% of the estate value depending on complexity. Use the Oregon probate cost calculator for a detailed estimate.

The most common ways to avoid probate in Oregon include creating a revocable living trust, adding beneficiary designations to accounts, titling property as joint tenants with right of survivorship, and using transfer-on-death deeds where available. The trust vs. will comparison compares the two approaches side by side.

Probate Requirements in Oregon

Oregon allows estates valued under $75,000ORS 114.510 & 114.515 (simple estateVerified May 5, 2026 to use a Simple Estate AffidavitORS 114.510 & 114.515 (simple estateVerified May 5, 2026, bypassing formal probate entirely. After a 30 daysORS 114.510 & 114.515 (simple estateVerified May 5, 2026 waiting period, heirs can collect assets without opening a probate case.

Full probate in Oregon runs 4 monthsORS 114.510 & 114.515 (simple estateVerified May 5, 2026 to 6 monthsORS 114.510 & 114.515 (simple estateVerified May 5, 2026 for straightforward estates. Contested estates or those with real property in multiple states face longer timelines. Estimate the total cost with the Oregon probate calculator.

A revocable living trust bypasses probate in Oregon. Assets transferred into the trust during the grantor's lifetime pass directly to beneficiaries without court involvement. The trust vs. will comparison outlines the trade-offs.

SimplyTrustSimplyTrust Editorial·Updated May 5, 2026

Legal Sources

  • ORS 114.510 & 114.515 (simple estate

Data sourced from Oregon statutes and official state code. How we research.

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In-depth guides covering Oregon probate laws, trust requirements, and estate planning strategies.

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