How Probate Works in Oregon
Oregon's small-estate affidavit is really two separate caps that both have to be satisfied at once — one for personal property, a different, higher one for real property — not the single combined figure some secondary sources present.
Probate court
Circuit Court (County Court in Gilliam, Grant, Harney, Malheur, Sherman, and Wheeler Counties)
Typical timeframe
6–12 months typical; statutory floor of about 4–5 months
Small-estate affidavit limit
$75,000
Simplified probate limit
No flat dollar limit — see below
Creditor claim deadline
120 days
Community property state
No
Does Oregon require probate?
Probate is required for solely-titled assets above the small-estate caps. Oregon has no separate dollar-gated "simplified probate" tier distinct from the small-estate affidavit below — there's no second, higher-dollar shortcut the way some states have.
How to avoid full probate in Oregon
- Small-estate affidavit — personal property (excluding manufactured homes) must be $75,000 or less, AND real property plus manufactured homes combined must be $200,000 or less, both measured as of the date of death. Both caps must be satisfied at the same time — an estate with $250,000 in personal property alone doesn't qualify even though it's under the sum of the two figures.
- Filed with the probate court, but doesn't require appointing a personal representative or a formal proceeding.
The probate process in Oregon
Probate runs through the Circuit Court in most counties; six sparsely populated Eastern Oregon counties (Gilliam, Grant, Harney, Malheur, Sherman, and Wheeler) use the County Court instead.
Creditor claims in Oregon
Claims are barred unless presented before the later of 4 months after first publication of notice, or 45 days after a claimant was mailed direct notice — a hard bar, with a narrow exception allowing a late claim if it's presented before the statute of limitations expires, before the final account is filed, and the claimant never received the required advance mailed notice.
Let Estate Assist handle the rest
Estate Assist reads the estate's documents, builds a personalized checklist, and drafts the letters you need — so you're not piecing this together alone.
Start your free action plan →Frequently asked questions
Do I need a lawyer for probate in Oregon?
Not legally required, but most estates beyond a small-estate affidavit benefit from one given the formal proceeding's paperwork and deadlines.
My estate has $60,000 in personal property and $250,000 in real estate — does it qualify for the affidavit?
No — the real-property-plus-manufactured-homes cap is $200,000, so $250,000 in real property alone disqualifies the estate even though the personal property is well under its own $75,000 cap.
What happens if there's no will?
Oregon's intestacy statute controls distribution, and the Circuit Court appoints a personal representative to handle the estate.
Related guides
Probate in other states
Oregon figures checked against Oregon Revised Statutes Chapter 114 (Official) on July 23, 2026. Probate rules, thresholds, and deadlines change and are frequently adjusted for inflation; confirm current figures before relying on them. Estate Assist provides general information, not legal, financial, or tax advice.