Probate guidance for Oregon families.
Probate is the court-supervised process for transferring a person's property after death. It can be straightforward or it can be complicated by debts, real estate, or family disagreements. We help families understand which path the law requires and walk it with them.
Oregon probate is governed by ORS chapter 113 and is generally required when a decedent owned assets in their sole name with no beneficiary designation. Smaller estates can use the small-estate affidavit under ORS 114.515, at the time of writing, available when personal property is $275,000 or less and real property is $200,000 or less. Trust assets and assets with beneficiary designations usually pass outside of probate.
Two paths in Oregon
Full probate under ORS chapter 113 is a court-supervised process in which a personal representative is appointed, creditors are notified, debts and taxes are paid, and the remaining property is distributed to the beneficiaries named in the will or, if there is no will, to the heirs identified by Oregon's intestate succession statute, ORS 112.045.
Many smaller estates qualify for the small-estate affidavit under ORS 114.515. At the time of writing, the affidavit is available when the estate's personal property is valued at $275,000 or less and any real property at $200,000 or less. The affidavit is generally filed at least 30 days after death and avoids the cost and timeline of full probate.
Some property passes outside of probate altogether: life insurance with a named beneficiary, retirement accounts, joint accounts with right of survivorship, and assets held in a revocable living trust under Oregon's Uniform Trust Code, ORS chapter 130.
Probate questions
When is probate required in Oregon?
Probate under ORS chapter 113 is generally required when the decedent owned assets in their sole name with no beneficiary designation and the estate does not qualify for a small-estate affidavit. Assets held jointly with right of survivorship, accounts with named beneficiaries, and trust assets typically transfer outside of probate.
How long does Oregon probate take?
A typical Oregon probate runs from about six months to over a year, depending on the complexity of the estate, the existence of contested claims, and whether real estate has to be sold. We give a realistic timeline at the first meeting and keep families informed at every stage.
What is a small-estate affidavit and when can my family use one?
ORS 114.515 lets a successor file a small-estate affidavit to transfer assets without full probate. At the time of writing, the estate qualifies when personal property is $275,000 or less and any real property is $200,000 or less. The affidavit is usually filed at least 30 days after death, and the statute identifies who is eligible to file.
Who can serve as the personal representative?
The will usually names the personal representative. If there is no will, ORS chapter 113 sets a priority list, beginning with the surviving spouse, then children, then other heirs. The court can decline to appoint someone who is unfit, and any interested person can object to the appointment.
What happens if a family member dies without a will in Oregon?
If a person dies without a valid will, Oregon's intestate succession statute, ORS 112.045, determines who inherits. The order generally runs to the surviving spouse and descendants, then to parents, then to siblings, and so on. Intestate succession sometimes produces results the decedent would not have chosen, which is one of the strongest arguments for advance planning.
Reviewed by Abraham HansonLast updated 2026-06-15