Probate Lawyers in Oregon

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Navigating Oregon probate administration requires meticulous legal oversight to settle estates efficiently and honor your loved one wishes. Retaining a qualified local probate attorney helps resolve potential heir disputes through mediation while ensuring full compliance with circuit court statutory deadlines. Explore our verified statewide directory below to schedule a consultation with trusted Oregon probate counsel.
Law Office of Elizabeth M. Jessop - Portland, OR - Attorney in Portland, OR

Law Office of Elizabeth M. Jessop - Portland, OR

(0)
205 SE Spokane St, Portland, OR, Oregon
Free Consultation
Specializing in: Special Needs Trusts, Elder Law, Probate
Kehoe Moneyhun Law, LLC - Portland, OR - Attorney in Portland, OR

Kehoe Moneyhun Law, LLC - Portland, OR

(0)
1211 SW 5th Ave, Portland, OR, Oregon
Specializing in: Collaborative Divorce, Mediation, Estate Planning, Unbundled Services
Watkinson Laird Rubenstein, PC - Eugene, OR - Attorney in Eugene
Watkinson Laird Rubenstein, PC - Eugene, OR

Watkinson Laird Rubenstein, PC - Eugene, OR

(0)
1203 Willamette St, Eugene, Oregon
Specializing in: Commercial Real Estate, Business Formation, Estate Planning and Probate, Employment Law, Trust Administration, Creditors' Rights
Chenoweth Law Group - Portland, OR - Attorney in Portland, OR
Chenoweth Law Group - Portland, OR

Chenoweth Law Group - Portland, OR

(0)
510 SW 5th Ave, Portland, OR, Oregon
Specializing in: Environmental Litigation, Business Disputes, Real Estate Law, Trust and Estate Litigation, Commercial Leases
Samantha Brelsford Law, LLC - Eugene, OR - Attorney in Eugene
Samantha Brelsford Law, LLC - Eugene, OR

Samantha Brelsford Law, LLC - Eugene, OR

(0)
1200 Executive Pkwy # 110, Eugene, Oregon
Free Consultation
Specializing in: Estate Planning, Wills, Revocable Living Trusts, Powers of Attorney, Advance Health Care Directives, Simple Probate, Small Estate Affidavits, Trust Administration
Howard Law Group LLC - Salem, OR - Attorney in Salem

Howard Law Group LLC - Salem, OR

(0)
1114 12th St SE, Salem, Oregon
Specializing in: Dirt Law, Business Formation, Trust Administration
Sterling Law Office LLC - Salem, OR - Attorney in Salem
Sterling Law Office LLC - Salem, OR

Sterling Law Office LLC - Salem, OR

(0)
1114 12th St SE, Salem, Oregon
Specializing in: Estate Planning, Wills, Trusts, Probate
Fitzwater Law - Portland, OR - Attorney in Portland, OR

Fitzwater Law - Portland, OR

(0)
6400 SE Lake Rd, Portland, OR, Oregon
Specializing in: Special Needs Trusts, Medicaid Planning, Elder Law, Guardianship
The Law Office of Don Johnson - Salem, OR - Attorney in Salem

The Law Office of Don Johnson - Salem, OR

(0)
698 12th St SE, Salem, Oregon
Free Consultation
Specializing in: Wills, Revocable Living Trusts, Probate, Powers of Attorney, Guardianship
Tom Hoyt - Attorney P.C. - Eugene, OR - Attorney in Eugene
Tom Hoyt - Attorney P.C. - Eugene, OR

Tom Hoyt - Attorney P.C. - Eugene, OR

(0)
1200 Executive Pkwy, Eugene, Oregon
Free Consultation
Specializing in: Wills, Trusts, Estate Planning, Business Law, Real Estate, Dispute Resolution, Probate Administration
Brindle McCaslin P.C. - Hillsboro, OR - Attorney in Hillsboro
Brindle McCaslin P.C. - Hillsboro, OR

Brindle McCaslin P.C. - Hillsboro, OR

(0)
452 NE Lincoln St, Hillsboro, Oregon
Specializing in: Family Law, Divorce, Child Custody, Criminal Defense, DUII Defense, Civil Litigation, Personal Injury, Immigration Law, Business Law, Estate Planning
Bromley Newton LLP - Eugene, OR - Attorney in Eugene
Bromley Newton LLP - Eugene, OR

Bromley Newton LLP - Eugene, OR

(0)
711 Country Club Rd #200, Eugene, Oregon
Free Consultation
Specializing in: Divorce, Child Custody, Spousal Support, High-Net-Worth Property Division, Residential Real Estate, Commercial Real Estate, Business Formation, Estate Planning, Probate
Heltzel Williams Law Firm - Salem, OR - Attorney in Salem

Heltzel Williams Law Firm - Salem, OR

(0)
117 Commercial St NE, Salem, Oregon
Specializing in: Business Law, Employment Law, Estate Planning, Probate, Commercial Real Estate, Tax Law
Robert Cole Tozer, PC - Eugene, OR - Attorney in Eugene
Robert Cole Tozer, PC - Eugene, OR

Robert Cole Tozer, PC - Eugene, OR

(0)
975 Oak St, Eugene, Oregon
Specializing in: Elder Law, Guardianships and Conservatorships, Estate Planning, Probate Administration, Family Law
NW Legacy Law, P.S. - Portland, OR - Attorney in Portland, OR

NW Legacy Law, P.S. - Portland, OR

(0)
650 NE Holladay St Suite 1600, Portland, OR, Oregon
Free Consultation
Specializing in: Revocable Living Trusts, Probate Administration, Elder Law, Medicaid Planning
Aiston Law, LLC - Portland, OR - Attorney in Portland, OR

Aiston Law, LLC - Portland, OR

(0)
4411 NE Tillamook St, Portland, OR, Oregon
Specializing in: Estate Planning, LGBT Estate Planning, Business Formation, Probate, Guardianship
The Hingson Law Firm, PC - Portland, OR - Attorney in Portland, OR
The Hingson Law Firm, PC - Portland, OR

The Hingson Law Firm, PC - Portland, OR

(0)
7157 SW Beveland St, Portland, OR, Oregon
Free Consultation
Specializing in: Revocable Living Trusts, Medicaid Planning, Probate Administration
Bouneff, Chally & Koh, LLC - Portland, OR - Attorney in Portland, OR
Bouneff, Chally & Koh, LLC - Portland, OR

Bouneff, Chally & Koh, LLC - Portland, OR

(0)
2722 NE 33rd Ave, Portland, OR, Oregon
Specializing in: Adoption & Surrogacy, Guardianship, Probate Administration, Complex Divorce
Burnett Law, P.C. - Hillsboro, OR - Attorney in Hillsboro
Burnett Law, P.C. - Hillsboro, OR

Burnett Law, P.C. - Hillsboro, OR

(0)
1915 NE Stucki Ave, Hillsboro, Oregon
Specializing in: Divorce, Child Custody, Parenting Time, Spousal Support, Child Support, Prenuptial Agreements, Divorce Mediation, Probate, Estate Planning, Guardianships and Conservatorships
Gunn and Gunn P.C. - Salem, OR - Attorney in Salem

Gunn and Gunn P.C. - Salem, OR

(0)
3635 Liberty Rd S, Salem, Oregon
Free Consultation
Specializing in: Estate Planning, Small Business General Counsel, DUII Defense
Cherry City Legal Services - Salem, OR - Attorney in Salem

Cherry City Legal Services - Salem, OR

(0)
223 Commercial St NE, Salem, Oregon
Free Consultation
Specializing in: Estate Planning, Wills, Trusts, Business Formation
Wasley Law Office, PC - Eugene, OR - Attorney in Eugene
Wasley Law Office, PC - Eugene, OR

Wasley Law Office, PC - Eugene, OR

(0)
142 W 8th Ave, Eugene, Oregon
Specializing in: Probate Law, Estate Planning, Real Property Disputes, Business Formation, General Civil Litigation, Contract Drafting, Land Use Disputes
Hillsboro Law Group PC - OR - Attorney in Hillsboro
Hillsboro Law Group PC - OR

Hillsboro Law Group PC - OR

(0)
5289 NE Elam Young Pkwy Ste 110, Hillsboro, Oregon
Specializing in: Wills and Revocable Living Trusts, Contested Divorce and Child Custody, Family and Humanitarian Immigration, Estate Tax and Probate Administration, DUII and Criminal Defense, Chapter 7 Bankruptcy
Four Point Legal - Portland, OR - Attorney in Portland, OR

Four Point Legal - Portland, OR

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2035 NW Front Ave #200, Portland, OR, Oregon
Specializing in: High Asset Divorce, Estate Planning, Child Custody, Trust Administration
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Navigating Oregon Probate Administration and Circuit Court Jurisdiction

Administering a decedent estate in Oregon requires careful adherence to statutory procedures, whether probating a comprehensive will or managing intestate succession. Retaining dedicated legal counsel ensures that estate assets are protected, tax filings are managed, and distributions proceed without administrative delay.

Probate proceedings fall under the exclusive jurisdiction of the Probate Department of the Oregon Circuit Courts across all 36 counties. Major dockets operate within the Multnomah County Circuit Court in Portland, the Marion County Circuit Court in Salem, the Lane County Circuit Court in Eugene, and the Deschutes County Circuit Court in Bend. Case records and filings are managed through the Oregon Judicial Department (OJD) Odyssey eCourt system.

Attorneys practicing probate law in Oregon must maintain active licensure with the Oregon State Bar. Skilled probate counsel navigates complex creditor notifications, guides personal representatives through inventory accounting, and resolves beneficiary disagreements outside the courtroom.

Typical Fee Structures for Oregon Probate Administration

Case ScenarioFee StructureEstimated Cost (USD)Key Cost Determinants
Simple Small Estate Affidavit FilingFlat Fee$1,200 to $2,500Statutory asset valuation limits, real property inclusion, creditor claim volume.
Formal Uncontested Probate AdministrationHourly / Court-Approved$3,500 to $7,500Gross estate value, fiduciary income tax returns, real estate liquidation, court-approved personal representative fees.
Complex Estate with Contested Beneficiary ClaimsHourly Retainer$325 to $550 per hourWill contest allegations, undue influence claims, multi-party depositions, circuit court motion practice.
Ancillary Probate for Non-Resident Real PropertyFlat Fee / Hourly Hybrid$2,500 to $5,000Oregon real estate title transfer, coordination with domiciliary estate, county recording filings.

Critical Legal Deadlines & Probate Statutes in Oregon

Oregon probate practice is bound by strict statutory timetables. Under ORS 114.515, a simplified small estate proceeding is permitted only if the estate fair market value does not exceed $75,000 for personal property and $200,000 for real property, with an aggregate ceiling of $275,000, and the affidavit may not be filed until at least 30 days have elapsed since the decedent death.

For formal probate proceedings initiated under ORS 113.035, the personal representative must publish notice to interested persons in an approved county newspaper. Under ORS 113.075, any person wishing to contest the will must file a petition with the circuit court within four months after the date of first publication of notice.

Creditor claims are governed by ORS 115.005, which mandates that claims against the estate must be presented within four months following the first publication of notice to creditors or within 30 days after personal delivery of notice, whichever is later. Claims not timely presented are forever barred. Personal representative statutory compensation guidelines are defined under ORS 116.173, while attorney compensation remains subject to circuit court review for reasonableness under ORS 116.183.

Small Claims Court vs. Circuit Court Probate Proceedings

The Small Claims Department of the Oregon Circuit Court operates under ORS 46.405, with jurisdiction capped strictly at $10,000 for the recovery of money or specific personal property. Small claims proceedings are summary and informal, designed for straightforward collection matters.

Small claims courts have zero legal authority to oversee estate administration, determine lawful heirs, validate testamentary instruments, or supervise the distribution of estate property. Estate administration requires fiduciary appointment, title clearing, and statutory accounting, all of which reside exclusively in the Circuit Court Probate Department.

While an appointed personal representative might utilize small claims court to collect a minor debt of $10,000 or less owed to the decedent, managing an estate requires full circuit court representation. Retaining probate counsel ensures that letters testamentary are secured, creditor priorities are followed, and personal representatives avoid personal liability for misallocated assets.

Red Flags to Avoid When Selecting an Oregon Probate Attorney

  • Attorneys attempting to charge fixed percentage fees based on gross estate value rather than billing reasonable hourly or flat rates subject to court review under ORS 116.183.
  • Failing to utilize Oregon small estate procedures when an estate qualifies, unnecessarily burdening families with prolonged formal administration costs.
  • Lack of familiarity with local county circuit court supplementary rules or Oregon Judicial Department (OJD) eCourt electronic filing standards.
  • Refusal to provide a transparent, written fee agreement outlining projected court filing fees, publication expenses, and hourly billing rates.

Frequently Asked Questions

What qualifies as a small estate in Oregon?

Under ORS 114.515, an estate qualifies for small estate affidavit procedures if the fair market value of personal property does not exceed $75,000, real property does not exceed $200,000, and the combined estate value does not exceed $275,000.

How long does formal probate take in Oregon Circuit Courts?

A standard formal probate in Oregon typically requires six to twelve months. This duration accounts for the mandatory four-month creditor claim period under ORS 115.005, asset liquidation, inventory preparation, and final tax reconciliation.

What is the statutory deadline to contest a will in Oregon?

Pursuant to ORS 113.075, any interested person must file a petition contesting the validity of a will within four months after the date of first publication of notice to interested persons.

How are attorney fees determined in Oregon probate cases?

Under ORS 116.183, attorney fees incurred during probate administration must be submitted to the Oregon Circuit Court and approved as reasonable based on the time expended, complexity of the estate, and results achieved.

Can a personal representative handle Oregon probate without an attorney?

While self-representation is permitted for small estate affidavits, circuit courts strongly advise retaining legal counsel for formal probate. Personal representatives owe strict fiduciary duties to beneficiaries and creditors, facing personal financial liability for statutory errors.

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