Overview
Jackson County is located in Oregon with a population of approximately 223,259. The Jackson 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 Oregon Revised Statutes (ORS) Chapter 111-118. 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 called a Small Estate Affidavit (Simple Estate Affidavit) for estates valued at $275,000 or less (with no more than $75,000 in personal property and $200,000 in real property). This can be filed 30 days after death.
Oregon law provides for statutory compensation for personal representatives based on the value of the estate: 7% on the first $1,000, 4% on the next $9,000, 3% on the next $40,000, and 2% on the excess. Attorney fees are not fixed by statute but must be "reasonable" and approved by the court.
This guide provides an informational overview of the Jackson 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
Jackson County Circuit Court
Probate matters in Jackson County are handled at the Jackson County Justice Building.
Address: 100 S. Oakdale Avenue, Medford, OR 97501-3127
Phone: (541) 776-7171 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 4:00 PM (Service Window)
The Probate Department is part of the Civil Division. Filings can be made in person at the service window or electronically.
Parking and Access
Public parking is available in the lots surrounding the courthouse and on nearby streets. Security screening is required for entry into the building.
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 (max $75,000 personal property / $200,000 real property), you may file a Small Estate Affidavit 30 days after death.
- Survivorship/Beneficiary Designations: Assets held with rights of survivorship or with named beneficiaries (POD/TOD) generally 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 with the Jackson County Circuit Court. Include:
- Petition for Probate
- Original will (if applicable)
- Certified death certificate
- Filing fee (varies by estate value, see below)
- Limited Judgment Appointing Personal Representative
E-filing is mandatory for attorneys and available for self-represented litigants via OJD File & Serve.
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 Jackson County (e.g., Rogue Valley Times) once a week for three consecutive weeks.
Step 4: Attend the Hearing
Formal hearings are often not required for uncontested probate petitions in Oregon; the judge may sign the order based on the filings. If a hearing is set, the judge reviews the petition and issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify the Oregon Health Authority and Department of Human Services.
- Inventory and appraise all estate assets within 60 days of appointment.
- Pay valid creditor claims (creditors have 4 months from publication to file claims).
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a General Judgment of Distribution to close the estate.
Local Requirements
Jackson County-Specific Procedures
- E-filing: Jackson County utilizes the Oregon Judicial Department's File & Serve (Odyssey) system.
- Bond requirements: A bond is typically required unless waived by the will or by all heirs/devisees.
- Local court rules: Consult the Jackson County Supplemental Local Rules (SLR) Chapter 9 for specific probate guidelines.
- Publication: Notice is typically published in the Rogue Valley Times.
The court requires a specific form for the "Information on Heirs and Devisees" to be filed with the petition.
Timeline & Fees
Filing Fees (Jackson County)
- Small Estate Affidavit: $124
- Estates < $50,000: $278
- Estates $50,000 - $1,000,000: $591
- Estates $1,000,000 - $10,000,000: $882
- Estates > $10,000,000: $1,176
- Certified copies of Letters: $5.00 plus $0.25 per page
- Publication costs: approximately $150-$300 depending on the newspaper
Note: Fees are subject to change. Check the current OJD fee schedule.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa, MasterCard, Discover). A convenience fee applies to card payments.
Estimated Timelines
- Simple estates (Small Estate Affidavit): 1-2 months (immediate upon filing, but 4-month creditor period applies)
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2 years
Creditors have 4 months from the date of first publication to file claims against the estate.
Local Resources
Jackson County Court Resources
- Court Website: Jackson County Circuit Court
- Oregon Probate Forms: OJD Simple Estate Forms
Legal Aid and Attorney Referrals
- Oregon State Bar Referral Service: (503) 684-3763 — osbar.org
- Center for Non-Profit Legal Services: (541) 779-7291 — cnpls.org
Publication
- Rogue Valley Times: (541) 776-4411 — rv-times.com