Overview
Lane County is located in Oregon with a population of approximately 383,000. The Lane 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 Chapters 111-118. 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 procedure known as a Simple Estate Affidavit (Small Estate Affidavit). This is available if the estate's fair market value is $275,000 or less (with no more than $200,000 in real property and $75,000 in personal property). This affidavit cannot be filed until 30 days after the decedent's death.
Oregon law provides for statutory compensation for personal representatives based on the value of the estate, though this can be waived or modified by the will.
This guide provides an informational overview of the Lane 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
Lane County Circuit Court
Probate matters in Lane County are handled at the Lane County Courthouse.
Address: 125 East 8th Avenue, Eugene, OR 97401
Phone: 541-682-4033 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Department is located on the 2nd floor of the courthouse.
Parking and Access
Paid parking is available in a lot directly across the street from the courthouse. Metered street parking is also available on East 8th Avenue and Ferry Street. For longer visits, the Parcade and Overpark parking structures are located nearby.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Simple Estate Affidavit: If the estate is valued at $275,000 or less ($200k real/$75k personal limits), you may file a Simple Estate Affidavit after a 30-day waiting period.
- Survivorship: Assets held with rights 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 Administration with the Lane County Circuit Court. Include:
- Petition for Appointment of Personal Representative
- Original will (if applicable)
- Certified death certificate
- Filing fee (typically $298 for average estates)
- Limited Judgment Appointing Personal Representative
E-filing is mandatory for attorneys and available for self-represented litigants via OJD eFile.
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 Lane County (such as The Register-Guard) for three consecutive weeks.
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, the court will schedule it. Upon approval, the court 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 90 days of appointment
- Pay valid creditor claims (creditors have 4 months from first 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
Lane County-Specific Procedures
- E-filing: Mandatory for attorneys; optional for pro se litigants.
- Local Rules: Lane County Supplementary Local Rules (SLR) Chapter 9 governs probate proceedings.
- Bond: The court may require a bond unless the will waives it or all heirs/devisees waive the requirement.
- Publication: Notice must be published in a newspaper of general circulation in Lane County for three consecutive weeks.
Always check the current Supplementary Local Rules (SLR) for Lane County before filing.
Timeline & Fees
Filing Fees (Lane County)
- Petition for Administration: approximately $298 (for estates $50,000 - $1,000,000)
- Simple Estate Affidavit: $124
- Certified copies of Letters: approximately $5 plus $0.25 per page
- Publication costs: approximately $150-$300 depending on the newspaper
- Response/Objection: varies based on estate value
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 (Simple Estate Affidavit): 1-2 months
- Average formal probate: 6-9 months
- Complex or contested estates: 12 months to 2 years
Creditors have 4 months from the date of first publication to file claims, which sets a minimum duration for formal probate.
Local Resources
Lane County Court Resources
- Court Website: courts.oregon.gov/courts/lane
- Probate Department: Lane County Probate
- State Probate Forms: OJD Forms Center
Legal Aid and Attorney Referrals
- Lane County Bar Association: 541-686-2618 — lanecountybar.org
- Oregon State Bar Lawyer Referral: osbar.org
- Legal Aid Services of Oregon (Eugene): 541-485-1017
Publication
- The Register-Guard: 541-485-1234 — registerguard.com