Overview
Tillamook County is located in Oregon with a population of approximately 27,300. The Tillamook 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) Chapters 111–118. 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 procedure known as the Small Estate Affidavit (Simple Estate) for estates with a total value of $275,000 or less (subject to specific sub-limits: no more than $75,000 in personal property and $200,000 in real property). This process avoids full probate and can be filed 30 days after death.
Oregon law provides for a statutory compensation schedule for personal representatives based on the value of the estate (generally 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).
This guide provides an informational overview of the Tillamook 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
Tillamook County Circuit Court
Probate matters in Tillamook County are handled at the Tillamook County Courthouse.
Address: 201 Laurel Avenue, Tillamook, OR 97141
Phone: (503) 842-2596
Hours: Customer Service Window: Monday through Friday, 8:30 AM to 4:00 PM | Phone: Monday through Friday, 8:00 AM to 5:00 PM
The Circuit Court is located in the main county courthouse building. Probate filings are processed through the court clerk's office.
Parking and Access
Public parking is available on the streets surrounding the courthouse and in designated visitor lots. The building is wheelchair accessible with security screening at the entrance.
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 with named beneficiaries or held in joint tenancy with right of survivorship transfer directly to the survivor.
- 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 Tillamook County Circuit Court. Include:
- Petition for Appointment of Personal Representative
- Original will (if applicable)
- Certified death certificate
- Filing fee (varies by estate value)
- Limited Judgment Appointing Personal Representative
Oregon courts require mandatory 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 to interested persons and creditors in a newspaper of general circulation in Tillamook County (e.g., Headlight Herald) for three consecutive weeks.
Step 4: Attend the Hearing
Many probate petitions in Oregon are handled administratively without a formal court hearing if all documents are in order. If a hearing is required or objections are filed, the court will schedule a date. Once approved, the judge signs the Limited Judgment and the clerk issues Letters.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Search for and notify creditors (creditors have 4 months from publication to file claims)
- 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 and final accounting to close the estate
Local Requirements
Tillamook County-Specific Procedures
- E-Filing: Mandatory for attorneys; optional for pro se litigants.
- Bond: The court may require a bond unless the will waives it or all heirs/devisees waive the requirement.
- Local Rules: The 27th Judicial District (Tillamook) may have specific Supplementary Local Rules (SLR) regarding probate; check SLR Chapter 9.
- Publication: Notice is typically published in the Headlight Herald.
Always check with the court clerk for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Tillamook County)
- Small Estate Affidavit: $124
- Full Probate Petition: Varies by estate value (e.g., approximately $278 for estates under $50k; ~$591 for estates $50k–$1M; fees subject to annual adjustment)
- Certified copies of Letters: ~$5.00 + copy costs
- Publication costs: Approximately $150–$300 depending on the newspaper
Note: Fees are set by statute (ORS 21.170) and are subject to change.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa/Mastercard/Discover). Credit card payments may incur a convenience fee.
Estimated Timelines
- Small Estate: Can be filed 30 days after death; process is relatively quick but affiant remains accountable.
- Simple estates: 6–9 months (minimum 4-month creditor period).
- Complex or contested estates: 12 months to several years.
The timeline is largely driven by the mandatory 4-month creditor claim period which begins after the first publication of notice.
Local Resources
Tillamook County Court Resources
- Court Website: Tillamook 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
- Legal Aid Services of Oregon: (503) 224-4086 — lasoregon.org
Publication
- Headlight Herald: (503) 842-7535 — tillamookheadlightherald.com