Hillsboro Probate Attorneys

Hillsboro Law Group PC has helped families in Hillsboro and throughout Washington County, Oregon, since 1973. Our probate attorneys guide personal representatives (often called executors), heirs, and beneficiaries through every stage of Oregon probate, from deciding whether probate is needed to closing the estate and distributing property. Probate cases for Washington County are heard in Washington County Circuit Court in downtown Hillsboro, a short drive from our office.

Losing a family member is hard enough without a court process to manage. We explain each step in plain language, handle the filings and deadlines, and keep you informed so you can focus on your family. When a disagreement arises over a will, a creditor claim, or who inherits, we are prepared to represent you in court.

What Is Probate in Oregon?

Probate is the court-supervised process for settling the estate of a person who has died. The court appoints a personal representative, who gathers the decedent's assets, notifies heirs and creditors, pays valid debts and expenses, and distributes what remains to the people entitled to it under the will or, if there is no will, under Oregon's intestacy laws.

Any interested person, or the person nominated as personal representative in the will, may petition to open a probate (ORS 113.035). The case is usually filed in the county where the decedent lived at death, although Oregon law also allows filing in other counties, such as a county where the decedent owned property (ORS 113.015).

Do You Need Probate? Assets That Pass Outside Probate

Not every estate needs a full probate. Many assets pass directly to a named person without court involvement, including:

• Property held in a revocable living trust
• Bank and investment accounts with a payable-on-death (POD) or transfer-on-death (TOD) beneficiary
• Life insurance, retirement accounts, and annuities with a living named beneficiary
• Real property owned with a right of survivorship
• Real property covered by a recorded transfer on death deed

Probate is generally needed when the decedent owned assets in their name alone, with no beneficiary designation, and the estate is too large for a simple estate affidavit. If you are not sure whether an estate needs probate, we can review the assets with you and recommend the simplest option that works.

Oregon Small Estates: The Simple Estate Affidavit

Oregon offers a simpler alternative to probate for smaller estates. Under ORS 114.505 to 114.560, a simple estate affidavit (often called a small estate affidavit) can be filed with the probate court when the estate has no more than $75,000 in personal property and no more than $200,000 in real property, based on fair market value (ORS 114.510). When a will leaves the rest of the estate to the decedent's existing living trust, those limits apply only to the property left to other people.

The person who files the affidavit, called the affiant, collects and distributes the assets without being appointed as personal representative. Creditors have four months after the affidavit is filed to present claims (ORS 114.540). A simple estate affidavit is usually faster and less expensive than probate, but the affiant still has legal duties, and an error can require an amended affidavit or a full probate. We prepare simple estate affidavits and advise affiants on collecting assets and paying claims correctly.

The Oregon Probate Process, Step by Step

1. Petition and appointment. We file a petition with the circuit court, along with the original will if there is one. The court admits the will to probate and appoints a personal representative, who may need to post a bond (ORS 113.105). The court then issues letters testamentary (when there is a will) or letters of administration (when there is not), which prove the personal representative's authority to banks and other institutions.
2. Information to heirs and interested persons. After appointment, the personal representative must send information about the probate to the heirs, devisees, and other interested persons named in the petition and file proof of mailing within 30 days (ORS 113.145).
3. Notice to creditors. The personal representative publishes a notice to interested persons in a local newspaper and mails notice to creditors who are known or reasonably ascertainable. Creditors generally have four months after the first publication to present claims (ORS 115.005).
4. Inventory. Within 90 days after appointment, the personal representative files an inventory listing the estate's property and its fair market value as of the date of death (ORS 113.165).
5. Managing the estate and paying claims. The personal representative secures and manages the assets, pays expenses, and allows or disallows creditor claims. A claim is treated as allowed unless the personal representative sends a notice of disallowance within 60 days after the claim is presented (ORS 115.135).
6. Taxes. The personal representative files the decedent's final income tax returns and any estate income tax returns. An Oregon estate tax return is required when the gross estate is worth $1 million or more, which includes many estates made up mostly of a home and retirement savings.
7. Accountings. If the estate stays open longer than a year, the personal representative files an annual accounting within 60 days after each anniversary of appointment, unless the court orders otherwise. In some cases the beneficiaries can consent to a simpler written statement instead (ORS 116.083).
8. Final account and distribution. When the estate is ready to close, the personal representative files a final account and a petition for a judgment of distribution and gives the beneficiaries notice and an opportunity to object (ORS 116.093). The court then enters a general judgment of final distribution (ORS 116.113), and the personal representative distributes the remaining property and is discharged.

How Long Does Probate Take in Oregon?

Every Oregon probate stays open at least until the four-month creditor claim period ends. Many straightforward estates close in about 9 to 12 months. Estates that involve selling real property, estate tax returns, creditor disputes, or family disagreements can take longer. We will give you a realistic timeline at your first meeting.

What Does Probate Cost?

Probate costs usually include the court filing fee, which is based on the value of the estate; the cost of publishing notice; the premium for any bond the court requires; and attorney fees. In Oregon, attorney fees paid from the estate are reviewed and approved by the court (ORS 116.183).

The personal representative is also entitled to compensation set by statute: 7% of the first $1,000 of probate property, 4% of the next $9,000, 3% of the next $40,000, and 2% of everything over $50,000, plus 1% of certain non-probate property reported for estate tax purposes, not including life insurance (ORS 116.173). Family members who serve as personal representative often choose to waive this fee.

Duties of an Oregon Personal Representative

A personal representative is a fiduciary who must act in the best interests of the estate and the people entitled to it. The job includes finding and protecting assets, keeping estate funds separate from personal funds, giving required notices on time, reviewing and paying valid claims in the order Oregon law requires, filing tax returns, keeping records, and accounting to the court and the beneficiaries. A personal representative who misses a deadline or distributes property too early can be held personally responsible. We guide personal representatives through each duty so the estate is settled correctly.

When There Is No Will: Oregon Intestate Succession

If someone dies without a valid will, Oregon law decides who inherits. A surviving spouse receives the entire net estate if the decedent left no descendants, or if all of the decedent's children and other descendants are also the spouse's descendants. If the decedent had descendants who are not the surviving spouse's, such as children from an earlier relationship, the spouse receives one-half and the descendants share the other half (ORS 112.025, 112.035). If there is no surviving spouse, the estate passes to the decedent's descendants, then to parents, then to brothers and sisters and their descendants, and then to more distant relatives.

Protecting a Surviving Spouse: The Elective Share

A surviving spouse who receives little or nothing under the will may be able to claim an elective share of the decedent's "augmented estate," which includes many assets that pass outside probate. The share depends on how long the couple was married, from 5% for marriages of less than two years up to 33% for marriages of 15 years or more (ORS 114.605). The claim generally must be filed within nine months after the death (ORS 114.610). Oregon law also allows a surviving spouse and dependent children to stay in the family home for a period after the death (ORS 114.005).

Will Contests and Probate Disputes

Disputes can arise when someone believes a will is invalid because the decedent lacked capacity, was unduly influenced, or did not sign the will correctly, or when there is a question about who the heirs are or whether a personal representative is doing the job properly. Deadlines in these cases are short. A person who received the required information about the probate generally must file a will contest within four months after it was delivered or mailed (ORS 113.075). A creditor whose claim is disallowed generally has 30 days to ask the court to decide it or to file a lawsuit (ORS 115.145). We represent personal representatives, beneficiaries, and heirs in will contests, claim disputes, and other probate litigation in Washington County Circuit Court and courts across Oregon.

Ancillary Probate and Trust Administration

When a person who lived in another state owned real property in Oregon, an ancillary probate in Oregon may be needed to transfer that property. We work with personal representatives and their out-of-state attorneys to handle the Oregon proceeding efficiently.

If your family member had a revocable living trust, the successor trustee may be able to settle the trust without going to court. Trust administration has its own duties and deadlines under the Oregon Uniform Trust Code (ORS chapter 130), including notice to beneficiaries, paying debts and taxes, and accounting for and distributing trust property. We advise successor trustees through each step.

Serving Hillsboro and All of Washington County

Our office is located at 5289 NE Elam Young Pkwy Ste 110 in Hillsboro, a short drive from the Washington County Circuit Court in downtown Hillsboro. We represent personal representatives, trustees, and families from Hillsboro, Beaverton, Aloha, Tigard, Tualatin, Forest Grove, Cornelius, Sherwood, North Plains, Banks, and communities throughout Washington County, the Portland metro area, and across Oregon.

Getting Started with Our Probate Lawyers

If a family member has died and you have been named personal representative, or you are not sure whether probate is needed, you can schedule a consultation through our website or call our Hillsboro office at (503) 648-0707. It helps to bring the will, if there is one, a copy of the death certificate, and a list of the assets and debts you know about. At your first meeting, we'll review the estate, explain your options, give you a clear summary of the projected costs, and outline the next steps.

Oregon Probate FAQs

Does a will avoid probate in Oregon?

No. A will tells the court who should receive the decedent's property and who should serve as personal representative, but the will itself must go through probate unless the estate qualifies for a simple estate affidavit or the assets pass outside probate, such as through a living trust, beneficiary designations, or joint ownership with right of survivorship.

How long does probate take in Oregon?

Every Oregon probate stays open at least until the four-month creditor claim period ends. Many straightforward estates close in about 9 to 12 months. Estates that involve selling real property, tax returns, creditor disputes, or family disagreements can take longer.

What is the small estate limit in Oregon?

A simple estate affidavit can be used when the estate has no more than $75,000 in personal property and no more than $200,000 in real property, valued at fair market value (ORS 114.510). Different rules apply when a will leaves the rest of the estate to the decedent's existing living trust.

How long do creditors have to file claims against an Oregon estate?

In a probate, a creditor generally must present a claim to the personal representative within four months after the first publication of the notice to interested persons, or within 45 days after a mailed notice if that is later (ORS 115.005). For a simple estate affidavit, claims must be presented within four months after the affidavit is filed (ORS 114.540).

Who inherits in Oregon if there is no will?

Oregon's intestacy laws decide. A surviving spouse receives the entire net estate if there are no descendants or if all of the decedent's descendants are also the spouse's descendants. If the decedent had descendants who are not the surviving spouse's, the spouse receives one-half and the descendants share the rest (ORS 112.025, 112.035).

Does a living trust avoid probate in Oregon?

Property that was transferred into a revocable living trust before death does not go through probate. The successor trustee settles the trust under the Oregon Uniform Trust Code instead. Property that was never transferred into the trust may still require probate or a simple estate affidavit.

The information on this page is general information about Oregon law and is not legal advice. Every estate is different. Contact an attorney about your specific situation.