Overview
Curry County is located in Oregon with a population of approximately 22,774. The Curry 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 the Small Estate Affidavit (Simple Estate) for estates valued at $275,000 or less (with specific sub-limits of $75,000 for personal property and $200,000 for real property).
Oregon law provides for statutory compensation for personal representatives, calculated as a percentage of the estate's value (e.g., 7% of the first $1,000, 4% of the next $9,000, 3% of the next $40,000, and 2% of the excess).
This guide provides an informational overview of the Curry 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
Curry County Circuit Court
Probate matters in Curry County are handled at the Curry County Courthouse.
Address: 29821 Ellensburg Ave, Gold Beach, OR 97444
Phone: (541) 373-6894 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 5:00 PM (Closed 12:00 PM - 1:00 PM; Thursdays closed 12:00 PM - 1:30 PM)
The Circuit Court is part of the 15th Judicial District. The court clerk's office is located in the courthouse. All probate filings should be directed here.
Parking and Access
Public parking is available near the courthouse on Ellensburg Avenue and surrounding streets. Visitors must pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: Available if the estate consists of no more than $75,000 in personal property and $200,000 in real property (total limit $275,000). This can be filed 30 days after death.
- Survivorship/Transfer on Death: Assets held in joint tenancy or with designated beneficiaries may bypass probate.
- 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 Probate with the Curry County Circuit Court. Include:
- Original Will (if applicable)
- Certified death certificate
- Petition for Appointment of Personal Representative
- Filing fee (varies by estate value)
- Limited Judgment appointing the Personal Representative
Oregon courts utilize the File & Serve (Odyssey) e-filing system, which is mandatory for attorneys and optional for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice to heirs, devisees, and interested parties.
- Publish notice in a newspaper of general circulation in Curry County (such as the Curry Coastal Pilot) for three consecutive weeks.
- File proof of publication with the court.
Step 4: Attend the Hearing
Many probate petitions in Oregon are handled administratively without a formal hearing if all documents are in order. If a hearing is required or objections are filed, the court will schedule a date.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Search for and notify creditors (creditors have 4 months to file claims after publication).
- Inventory and appraise all estate assets within 60 to 90 days.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns.
- Distribute assets to beneficiaries.
- File a General Judgment of Distribution to close the estate.
Local Requirements
Curry County-Specific Procedures
- E-filing: Curry County uses the Oregon Judicial Department's e-filing system (File & Serve).
- Bond: The court may require a bond unless the will waives it or all heirs/devisees waive the requirement.
- Local Rules: Check the 15th Judicial District Supplementary Local Rules (SLR) for specific formatting or procedural requirements.
- Publication: Notice is typically published in the Curry Coastal Pilot.
Always check with the court clerk for the most current local forms and fee schedules.
Timeline & Fees
Filing Fees (Curry County)
- Petition for Probate: Varies by estate value (typically ~$298 for estates between $50,000 and $1,000,000).
- Small Estate Affidavit: Approximately $124.
- Certified copies of Letters: Approximately $5 per copy plus a certification fee.
- Publication costs: Approximately $150-$300 depending on the newspaper.
Note: Fees are subject to change annually. Check the Oregon Judicial Department fee schedule.
Payment Methods
The court accepts cash, credit/debit cards (Visa, Mastercard, Discover), checks, and money orders. Credit card payments may incur a convenience fee.
Estimated Timelines
- Simple estates: 6-9 months (minimum 4-month creditor period).
- Average estates: 9-15 months.
- Complex or contested estates: 18 months to 2+ years.
The timeline is largely dictated by the 4-month creditor claim period and the time needed to liquidate assets and settle taxes.
Local Resources
Curry County Court Resources
- Court Website: https://www.courts.oregon.gov/courts/coos
- Probate Self-Help: https://www.courts.oregon.gov/courts/coos/help/Pages/default.aspx
- Oregon Simple Estate Forms: https://www.courts.oregon.gov/forms/pages/simple-estate.aspx
Legal Aid and Attorney Referrals
- Oregon State Bar Referral Service: https://www.osbar.org/public/ris
- Legal Aid Services of Oregon: (541) 269-1226 (Coos Bay Regional Office serving Curry County)
Publication
- Curry Coastal Pilot: (541) 813-1717 — https://www.currypilot.com