Overview
Deschutes County is located in Oregon with a population of approximately 211,535. The Deschutes 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 113. The process begins with filing a Petition for Administration 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 Small Estate Affidavit procedure for estates valued at $275,000 or less (with specific sub-limits of $200,000 for real property and $75,000 for personal property). This process avoids full probate administration.
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 over $50,000). Attorney fees are typically based on a reasonable hourly rate rather than a percentage.
This guide provides an informational overview of the Deschutes 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
Deschutes County Circuit Court
Probate matters in Deschutes County are handled at the Deschutes County Courthouse.
Address: 1100 NW Bond Street, Bend, OR 97703
Phone: (541) 388-5300 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Department is part of the Civil Division. Filings can be made in person or electronically.
Parking and Access
Public parking is available in the lots surrounding the courthouse and on nearby streets. Be mindful of timed parking restrictions in downtown Bend. Security screening is required for entry into the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $275,000 or less ($200,000 max for real property, $75,000 max for personal property), you may file a Small Estate Affidavit 30 days after death.
- Survivorship/Transfer on Death: Assets held in joint tenancy or with beneficiary designations 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 Appointment of Personal Representative and/or Probate of Will with the Deschutes County Circuit Court. Include:
- Petition for Administration
- Original will (if applicable)
- Certified death certificate
- Filing fee (typically $298 for estates between $50,000 and $1 million)
- Limited Judgment Appointing Personal Representative
Oregon courts require e-filing for attorneys. Self-represented litigants may file in paper or use the OJD eFile system.
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 Deschutes County (such as The Bulletin) once a week for three consecutive weeks.
Step 4: Attend the Hearing
Formal hearings are often not required for uncontested probate petitions in Oregon. If the paperwork is in order, the judge typically signs the judgment and issues Letters Testamentary or Letters of Administration without a court appearance.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify the Oregon Health Authority (Estate Administration Unit).
- Inventory and appraise all estate assets within 60-90 days.
- Allow 4 months from the date of first publication for creditors to file claims.
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- File a General Judgment of Distribution to close the estate.
Local Requirements
Deschutes County-Specific Procedures
- E-filing: Mandatory for attorneys; optional for pro se litigants.
- Bond requirements: A bond is generally required unless the will waives it or all heirs/devisees sign a waiver.
- Local court rules: Consult the Deschutes County Supplementary Local Rules (SLR) for specific formatting and procedural requirements.
- Publication: Notice is typically published in The Bulletin.
Check with the court clerk for any specific local forms required for the initial filing.
Timeline & Fees
Filing Fees (Deschutes County)
- Petition for Probate (Estate $50k - $1M): approximately $298
- 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
- Response/Objection fee: varies based on estate value
Payment Methods
The court accepts cash, credit/debit cards (Visa, Mastercard, Discover), checks, and money orders. Convenience fees apply for card payments.
Estimated Timelines
- Simple estates (Small Estate Affidavit): 1-2 months (after 30-day waiting period)
- Average estates: 6-9 months
- Complex or contested estates: 12-24 months
The creditor claim period in Oregon is 4 months from the date of first publication, which sets a minimum duration for formal probate.
Local Resources
Deschutes County Court Resources
- Court Website: courts.oregon.gov/courts/deschutes
- 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 (Bend Office): (541) 385-6944 — lasoregon.org
Publication
- The Bulletin: (541) 382-1811 — bendbulletin.com