Overview
Clackamas County is located in Oregon with a population of approximately 425,857. The Clackamas County Circuit Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Oregon probate is governed by ORS Chapter 111 through 118. The process begins with filing a Petition for Appointment of Personal Representative to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Oregon offers a simplified procedure known as a Small Estate Affidavit (or Simple Estate Affidavit) for estates valued at $275,000 or less (with specific sub-limits for real and personal property).
Oregon law provides for a statutory compensation schedule for personal representatives based on the value of the estate (e.g., 7% on the first $1,000, 4% on the next $9,000, 3% on the next $40,000, and 2% on excess). Attorney fees are typically reasonable hourly rates approved by the court.
This guide provides an informational overview of the Clackamas County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Clackamas County Circuit Court
Probate matters in Clackamas County are handled at the Clackamas County Courthouse (Red Soils Campus).
Address: 1000 Courthouse Rd, Oregon City, OR 97045
Phone: 503-655-8447 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Department is responsible for overseeing the administration of estates, guardianships, and conservatorships.
Parking and Access
Free public parking is available at the Red Soils Campus in designated lots surrounding the courthouse. The facility is accessible to persons with disabilities, and public transit options (such as the Oregon City Shuttle and TriMet) serve the area.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: Available if the estate is valued at $275,000 or less (no more than $200,000 in real property and $75,000 in personal property).
- Survivorship: Assets held in joint tenancy with right of survivorship pass directly to the co-owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Appointment of Personal Representative with the Clackamas County Circuit Court. Include:
- Petition for Probate
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (varies by estate value)
- Limited Judgment of Appointment
- Bond (if required)
Electronic filing (e-filing) is mandatory for attorneys in Oregon circuit courts and available for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Clackamas County (e.g., Clackamas Review or Oregon City News) for three consecutive weeks.
Step 4: Attend the Hearing
The court will review the petition. Many probate appointments are handled administratively without a formal hearing unless there are objections. If approved, the judge signs the Limited Judgment and the clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow a 4-month period for claims
- Inventory and appraise all estate assets within 60-90 days
- Pay valid creditor claims and administrative expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a General Judgment of Distribution and final accounting to close the estate
Local Requirements
Clackamas County-Specific Procedures
- E-filing: Mandatory for attorneys; available for non-attorneys via OJD eFile.
- Bond requirements: Often required unless waived by the will or all beneficiaries/heirs.
- Local court rules: Clackamas County Supplementary Local Rules (SLR) Chapter 9 governs probate specifics.
- Publication: Notice must be published in a newspaper of general circulation in Clackamas County for three consecutive weeks.
Consult the Clackamas County Circuit Court Probate Department for specific local forms regarding guardianships or court visitors.
Timeline & Fees
Filing Fees (Clackamas County)
- Petition for Probate (Estate < $50k): approximately $278
- Petition for Probate (Estate $50k - $1M): approximately $591
- Small Estate Affidavit: approximately $124
- Certified copies of Letters: approximately $5.00 + $0.25 per page
- Publication costs: approximately $150-$300 depending on the newspaper
Fees are subject to change. Check the current Oregon Judicial Department fee schedule.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa, MasterCard, Discover). Convenience fees apply for card payments.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period is 4 months from the date of first publication, which sets a minimum duration for the process.
Local Resources
Clackamas County Court Resources
- Court Website: courts.oregon.gov/courts/clackamas
- Probate Self-Help: courts.oregon.gov/help
- Oregon Probate Forms: courts.oregon.gov/forms
Legal Aid and Attorney Referrals
- Oregon State Bar Referral Service: 503-684-3763 — osbar.org
- Legal Aid Services of Oregon: 503-224-4086 — lasoregon.org
Publication
- Clackamas Review: 971-204-7777 — Newspaper of general circulation
- Oregon City News: 971-204-7777 — Newspaper of general circulation
- Daily Journal of Commerce: 503-226-1311 — Legal notices