Overview
Umatilla County is located in Oregon with a population of approximately 80,491. The Umatilla 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 through 118. The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative (or Petition for Administration for intestate estates) 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 Small Estate Affidavit procedure for estates with a total value of $275,000 or less (no more than $200,000 in real property and $75,000 in personal property). This simplified process avoids full probate administration.
Oregon does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate; fees must be reasonable and are subject to court approval.
This guide provides an informational overview of the Umatilla 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
Umatilla County Circuit Court
Probate matters in Umatilla County are handled at the Umatilla County Courthouse in Pendleton.
Address: 216 SE 4th Street, Pendleton, OR 97801
Phone: (541) 278-0341 (Probate Department)
Hours: Monday through Friday, 8:00 AM - Noon & 1:00 PM - 4:30 PM
The court also maintains a branch in Hermiston, but probate filings are typically processed through the main courthouse in Pendleton.
Parking and Access
Street parking is available around the courthouse in Pendleton. The building is accessible to persons with disabilities; security screening is required upon entry.
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 $200,000 real property / $75,000 personal property), you may file a Small Estate Affidavit 30 days after death.
- Non-Probate Transfers: Assets held in joint tenancy, with beneficiary designations (POD/TOD), or 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 Umatilla County Circuit Court. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (typically $298 for estates between $50,000 and $1 million)
- Proposed Order Appointing Personal Representative
- Limited Judgment Admitting Will (if applicable)
Oregon courts utilize the OJD eFile system, which is mandatory for attorneys and optional for self-represented litigants.
Step 3: Provide Notice
After filing and appointment, you must:
- Mail notice to heirs, devisees, and interested parties.
- Publish notice to interested persons and creditors in a newspaper of general circulation in Umatilla County (such as the East Oregonian) for three consecutive weeks.
Step 4: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and appraise all estate assets within 60 days of appointment (or 90 days if additional time is granted).
- Search for and notify creditors (creditors have 4 months from the date of first publication to file claims).
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
Step 5: Close the Estate
Once the creditor period has expired and all tasks are complete, file a General Judgment of Distribution (Final Accounting) to distribute assets and discharge the Personal Representative.
Local Requirements
Umatilla County-Specific Procedures
- E-filing: Attorneys are required to e-file via OJD eFile. Self-represented parties may file in paper at the court clerk's office.
- Bond: A fiduciary bond is typically required unless the will waives it or all heirs/devisees sign a waiver.
- Local Rules: Umatilla County follows the Oregon Uniform Trial Court Rules (UTCR) and Supplemental Local Rules (SLR). Check SLR Chapter 9 for specific probate guidelines.
- Publication: Notice is typically published in the East Oregonian.
Always check with the court clerk for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Umatilla County)
- Small Estate Affidavit: $124
- Full Probate Petition (Estate $50k - $1M): $298
- Full Probate Petition (Estate < $50k): $35
- Certified copies of Letters: approximately $5 per copy plus page fees
- Publication costs: approximately $200-$400 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 (waiting period is 4 months for creditor claims, but filing is immediate after 30 days post-death)
- Average estates: 6-9 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period in Oregon is 4 months from the date of first publication, which sets the minimum timeline for closing a formal probate estate.
Local Resources
Umatilla County Court Resources
- Court Website: courts.oregon.gov/courts/umatilla
- Probate Self-Help: courts.oregon.gov/help
- Oregon Probate Forms: courts.oregon.gov/forms/Pages/simple-estate.aspx
Legal Aid and Attorney Referrals
- Oregon State Bar Referral Service: (503) 684-3763 — osbar.org
- Legal Aid Services of Oregon (Pendleton Office): (541) 276-6685 — Provides assistance to low-income residents.
Publication
- East Oregonian: (541) 276-2211 — Newspaper of general circulation for probate notices.