Overview
Linn County is located in Oregon with a population of approximately 131,496. The Linn 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 Probate 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" procedure (Simple Estate Affidavit) for estates valued at $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 does not have a statutory fee schedule for attorneys; fees are typically based on hourly rates or a reasonable fixed fee approved by the court. Personal representatives are entitled to statutory compensation based on the value of the estate.
This guide provides an informational overview of the Linn 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
Linn County Circuit Court
Probate matters in Linn County are handled at the Linn County Courthouse.
Address: 300 SW Fourth Avenue, Albany, OR 97321
Phone: (541) 967-3845 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 12:00 PM, 1:00 PM to 5:00 PM (new case filings accepted until 4:30 PM)
The Circuit Court is located in downtown Albany. Probate filings are processed by the Civil/Probate department.
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: Available if the estate is valued at $275,000 or less (max $200,000 real property, $75,000 personal property). Must wait 30 days after death to file.
- Survivorship: Property held with rights of survivorship passes 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 Probate with the Linn 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 Personal Representative
E-filing is mandatory for attorneys in Oregon circuit courts.
Step 3: Provide Notice
After filing, you must:
- Mail notice to heirs, beneficiaries, and the Oregon Health Authority (Estate Administration Unit).
- Publish notice in a newspaper of general circulation in Linn County (e.g., Albany Democrat-Herald) for three consecutive weeks.
Step 4: Attend the Hearing
Formal hearings are rare for uncontested probate petitions in Oregon. The judge typically reviews the documents and signs the judgment appointing the personal representative without a court appearance, provided all paperwork is in order.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 4 months 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 to close the estate
Local Requirements
Linn County-Specific Procedures
- E-filing: Mandatory for attorneys; self-represented litigants may file in paper or use the OJD eFile system.
- Bond requirements: A bond is typically required unless the will waives it or all heirs/beneficiaries waive the requirement.
- Local court rules: Linn County follows the Uniform Trial Court Rules (UTCR) and Supplementary Local Rules (SLR).
- Publication: Notice must be published in a newspaper of general circulation in Linn County, such as the Albany Democrat-Herald, for three consecutive weeks.
The court may require a status report if the estate is not closed within 18 months.
Timeline & Fees
Filing Fees (Linn County)
- Small Estate Affidavit: approximately $124
- Petition for Probate (Value < $50k): approximately $278
- Petition for Probate (Value $50k - $1M): approximately $591
- Petition for Probate (Value > $1M): Fees increase based on value (approx. $1,176+)
- Certified copies of Letters: approximately $5 plus $0.25 per page
- Publication costs: approximately $150-$300 depending on the newspaper
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa, MasterCard, Discover). A convenience fee applies to card transactions.
Estimated Timelines
- Simple estates (Small Estate Affidavit): 1-2 months (immediate upon filing after 30-day wait)
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2 years
The creditor claim period in Oregon is 4 months from the date of first publication.
Local Resources
Linn County Court Resources
- Court Website: https://www.courts.oregon.gov/courts/linn
- Probate Self-Help: https://www.courts.oregon.gov/courts/linn/programs-services/Pages/CivilProbateGuardianship.aspx
- Oregon Probate Forms: https://www.courts.oregon.gov/forms/Pages/probate.aspx
Legal Aid and Attorney Referrals
- Oregon State Bar Referral Service: (503) 684-3763 — https://www.osbar.org/public/ris
- Legal Aid Services of Oregon (Albany Office): (541) 926-8678 — Provides assistance to low-income residents.
Publication
- Albany Democrat-Herald: (541) 926-2211 — Newspaper of general circulation.
- The Lebanon Express: (541) 258-3151 — Local publication option.