ORS 113: Oregon Probate Petition, Representative, and Fees

To open probate in Oregon, you file a petition under ORS 113.035 in a county authorized by ORS 113.015, attach the original will if one exists, nominate a qualified personal representative, and pay a filing fee that ranges from $278 to $1,176 depending on the estate’s value. The Oregon probate petition requirements are set out in Chapter 113 of the Oregon Revised Statutes, and they apply whether the person died with a will or without one.

First, Check Whether You Need Full Probate

Not every estate has to go through the ORS 113 process. Under ORS 114.510, an estate qualifies for a simplified “simple estate affidavit” if the personal property (excluding manufactured homes) is worth no more than $75,000 and the combined value of real property and manufactured homes is no more than $200,000.¹ Those values are measured at fair market value without subtracting liens or debts.

You cannot file the affidavit until at least 30 days after the date of death. Anyone disqualified from serving as personal representative under ORS 113.095 is also barred from filing, and convicted felons are specifically excluded from using the affidavit route.² Estates that qualify for this affidavit are also exempt from the standard probate filing fee. If the estate exceeds either threshold, the formal petition under ORS 113 is the path forward.

Where to File

ORS 113.015 lists four venue options and does not rank them. You can file in the county where the person had a home or lived at the time of death, in any county where they owned property, in the county where they died, or in a county where a personal injury or wrongful death claim could be brought.³ Filing in a county not listed is not treated as a jurisdictional defect, though the court can transfer the case.

As a practical matter, most families file where the person lived, because that is where the records, bank accounts, and property tend to be. If the person did not live in Oregon but owned property here, the county where the property sits is the usual choice.

What the Petition Must Include

ORS 113.035 sets out the content of the petition. Everything is required “so far as known,” so you are not expected to produce information that is genuinely unavailable, but the court expects a thorough effort.⁴

Decedent’s full name, age, home address, mailing address, and the date and place of death.
A statement of whether the person died with or without a will.
The facts that support filing in this particular county.
The name, address, and qualifications of the person seeking appointment as personal representative.
Names, relationships, and addresses of everyone who would inherit under intestate succession, plus all beneficiaries named in the will (including the ages of any minors), with a statement that reasonable efforts were made to identify and locate heirs.
The name and address of anyone claiming the will is invalid, claiming a different will exists, or asserting the person promised to make or revoke a will.
A general description of the nature and extent of estate assets, enough for the court to set a bond amount.
The original will, if one exists. If the original has been lost or destroyed, the petition must describe its contents and confirm it was not revoked.

Missing information usually comes back for corrections, which delays appointment. Standardized petition forms are available through the Oregon Judicial Department and local circuit court clerks.

Proving the Will

If there is a will, the court must confirm it is authentic. ORS 113.055 lets the court accept an affidavit from a witness who saw the document signed, rather than requiring live testimony. The affidavit can be prepared at signing or any time afterward and carries the same weight as testimony in court.⁵ Many modern wills include a notarized witness affidavit attached at signing. If no witness can be found, the court can allow proof through other evidence that at least one signature is genuine.

An out-of-state will is handled differently. ORS 113.065 does not ask the Oregon court to evaluate whether the will was properly signed under the other state’s law. You file a certified copy of the will along with a certified copy of the order from the other state’s court admitting it to probate there.⁶ The will must have already been probated where the person was living. Even after admission in Oregon, it can still be contested on grounds that would apply to any Oregon will.

Who Can Serve as Personal Representative

ORS 113.085 gives the court an ordered list of preferences for the appointment:⁷

The person named in the will.
The surviving spouse, or the spouse’s nominee, if the spouse is entitled to receive property from the estate.
Someone who would inherit under intestate succession, if that person is a distributee of the estate.
Any other distributee of the estate.
The Director of Human Services or Oregon Health Authority, if the person received public assistance and the state may have a recovery claim.
The Department of Veterans’ Affairs, if the person was a protected person under state veterans’ law and the department joined the petition.
Any other person.

The court can skip a higher-priority candidate if it finds that person unsuitable, including where the proposed representative has interests that conflict with other beneficiaries.

Certain people are flatly barred. Under ORS 113.095, you cannot act as personal representative if you are a minor, have been found incapacitated or financially incapable, have been suspended or disbarred from the practice of law (during the period of suspension or disbarment), resigned from the Oregon State Bar while facing misconduct charges, or are a licensed funeral service practitioner (unless the person who died was a relative or professional colleague).⁸

A felony conviction does not automatically disqualify a nominee, but ORS 113.092 requires disclosure to the court. The court can then disqualify the nominee if the facts behind the conviction resemble grounds that would justify removing a sitting representative and the court has reason to believe the person would be unfaithful to the role. Not disclosing the conviction is independent grounds for disqualification or removal.⁹

Bond

Before letters of authority issue, the personal representative usually must post a surety bond. ORS 113.105 requires a bond adequate to protect everyone with an interest in the estate, with the amount set by looking at the nature, liquidity, and apparent value of assets, the anticipated income during administration, and the probable debts and taxes.¹⁰

Several situations eliminate the requirement:

The will waives bond. The court usually honors a waiver, though it keeps discretion to override for good cause.
The personal representative is the sole heir or devisee, unless the court orders otherwise.
The petition states no assets are known. Bond is deferred until assets surface.
The court grants a waiver on request. The representative explains the reasons and describes known creditors. The court can also reduce the bond when estate funds are held at a financial institution subject to withdrawal only by court order.

Filing Fees by Estate Value

Petition filing fees are set by ORS 21.170 and scale with the estate’s value:¹¹

Under $50,000: $278
$50,000 to under $1 million: $591
$1 million to under $10 million: $882
$10 million or more: $1,176

Separate accounting fees apply later, each time the representative files an annual or final accounting.

What Happens Right After Appointment

Once the court signs the appointment order and issues Letters Testamentary (with a will) or Letters of Administration (without one), two notification duties kick in immediately.

Under ORS 113.145, the representative must deliver or mail information to all heirs, devisees, and certain interested persons “upon appointment.” The notice must include the court and case number, the name and date of death, whether a will was probated, and the representative’s name and contact information.¹² Delivery itself must happen right away; proof of that delivery must be filed with the court within 30 days. Those are two different deadlines. The same statute requires notice and a copy of the death record to the Department of Human Services and the Oregon Health Authority within 30 days of appointment, so the state can determine whether it has a claim for medical assistance reimbursement. Missing these notices can expose the representative to personal liability.

ORS 113.155 requires the representative to publish a notice once in a newspaper in the county where the probate is pending. The notice must include the court information, the representative’s name and address for receiving claims, and a statement that creditors have four months from publication to submit claims or risk being barred.¹³ That four-month window is set by ORS 115.005 and is the primary deadline for creditors.¹⁴ If no newspaper is published in the county, the court designates an alternative. Proof of publication must be filed in the estate proceeding. If the petition stated no estate assets are known, the publication requirement is suspended until assets come to light, at which point the representative has 30 days to publish.

1
Oregon State Legislature. Oregon Revised Statutes Chapter 114 – Administration of Estates
2
Oregon Public Law. Oregon Code 114.515 – Simple Estate Affidavit; Who May File; Fee
3
Oregon State Legislature. Oregon Code 113.015 – Venue
4
Oregon Public Law. Oregon Code 113.035 – Petition for Appointment of Personal Representative and Probate of Will
5
Oregon Public Law. Oregon Code 113.055 – Testimony of Attesting Witnesses to Will
6
Oregon Public Law. Oregon Code 113.065 – Establishing Foreign Wills
7
Oregon Public Law. Oregon Code 113.085 – Preference in Appointing Personal Representative
8
Oregon Public Law. Oregon Code 113.095 – Persons Not Qualified to Act as Personal Representatives
9
Oregon Public Law. Oregon Code 113.092 – Convicted Felon as Nominated Personal Representative
10
Oregon Public Law. Oregon Code 113.105 – Bond for Personal Representative
11
Oregon Public Law. Oregon Code 21.170 – Probate Filing Fees and Accounting Fees
12
Oregon Public Law. Oregon Code 113.145 – Information to Devisees, Heirs, Interested Persons, Department of Human Services and Oregon Health Authority
13
Oregon Public Law. Oregon Code 113.155 – Publication of Notice to Interested Persons
14
Oregon Public Law. Oregon Code 115.005 – Presentation of Claims; Time Limitations