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; codified ORS now carries 2025 c.342 / SB 15 and 2025 c.34 / SB 168 per amendment note [2019 c.165 §3; 2023 c.17 §2; 2025 c.34 §2; 2025 c.342 §1a]), 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 113.185 (appraisal), ORS 114.275 (unsupervised administration), ORS 118.010 (estate tax) — all via codified ORS on oregonlegislature.gov, re-verified 2026-06-20Verified Jun 20, 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; codified ORS now carries 2025 c.342 / SB 15 and 2025 c.34 / SB 168 per amendment note [2019 c.165 §3; 2023 c.17 §2; 2025 c.34 §2; 2025 c.342 §1a]), 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 113.185 (appraisal), ORS 114.275 (unsupervised administration), ORS 118.010 (estate tax) — all via codified ORS on oregonlegislature.gov, re-verified 2026-06-20Verified Jun 20, 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; codified ORS now carries 2025 c.342 / SB 15 and 2025 c.34 / SB 168 per amendment note [2019 c.165 §3; 2023 c.17 §2; 2025 c.34 §2; 2025 c.342 §1a]), 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 113.185 (appraisal), ORS 114.275 (unsupervised administration), ORS 118.010 (estate tax) — all via codified ORS on oregonlegislature.gov, re-verified 2026-06-20Verified Jun 20, 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. On a $500,000 estate, total costs run about $28,871 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.
Oregon Estate Planning Resources
In-depth guides covering Oregon probate laws, trust requirements, and estate planning strategies.


