Overview
Union County is located in Oregon with a population of approximately 26,058. The Union 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 Small Estate Affidavit procedure for estates valued at $275,000 or less (with specific sub-limits of $75,000 for personal property and $200,000 for real property). This process is faster and less expensive than formal probate.
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 compensation based on a percentage of the estate value (7% on the first $1,000, 4% on the next $9,000, 3% on the next $40,000, and 2% on the excess over $50,000).
This guide provides an informational overview of the Union 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
Union County Circuit Court
Probate matters in Union County are handled at the Union County Courthouse.
Address: 1105 K Ave, La Grande, OR 97850
Phone: (541) 962-9500 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 4:30 PM
The Circuit Court is located in the historic Union County Courthouse in downtown La Grande. The probate department handles estate filings, guardianships, and conservatorships.
Parking and Access
Street parking is generally available around the courthouse square and on adjacent streets. Some areas may have time limits or meters, so check signage carefully. The building is accessible to the public during court hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate includes no more than $75,000 in personal property and $200,000 in real property (total $275,000), 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 often 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 Probate with the Union County Circuit Court. Include:
- Petition for Appointment of Personal Representative
- Original will (if applicable)
- Certified death certificate
- Filing fee (based on estate value)
- Limited Judgment Appointing Personal Representative
Oregon courts utilize the File & Serve Oregon e-filing system, which is mandatory for attorneys and optional for self-represented litigants.
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 Union County (such as The Observer) for three consecutive weeks.
- Notify DHS: You must send a copy of the petition and death certificate to the Oregon Department of Human Services (Estate Administration Unit).
Step 4: Attend the Hearing
Formal probate in Oregon often does not require an initial hearing if the petition is uncontested. The judge typically reviews the documents and signs the Limited Judgment appointing the Personal Representative. Once the bond (if required) is filed, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Wait for the creditor claim period to expire (4 months from first publication)
- 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 to close the estate
Local Requirements
Union County-Specific Procedures
- E-filing: Union County uses the statewide File & Serve Oregon system.
- Bond: A fiduciary bond is typically required unless the will waives it or all beneficiaries waive the requirement and the court approves.
- Local Rules: The 10th Judicial District (Union/Wallowa) may have specific supplementary local rules; always check with the court clerk for specific filing preferences.
- Publication: Notice is typically published in The Observer, which serves La Grande and Union County.
The court requires a specific form of "Information on Heirs and Devisees" to be filed with the petition.
Timeline & Fees
Filing Fees (Union County)
Filing fees are determined by the value of the estate (ORS 21.170):
- Small Estate Affidavit: $124
- Estate value < $50,000: $35 (rare for full probate)
- Estate value $50,000 – $1,000,000: $298
- Estate value $1,000,000 – $10,000,000: $596
- Estate value > $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
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa/Mastercard). Credit card payments may incur a convenience fee.
Estimated Timelines
- Small Estate: Can be filed 30 days after death; effective immediately upon filing.
- Simple estates: 6-9 months (minimum 4-month creditor period).
- Average estates: 9-12 months.
- Complex or contested estates: 12 months to 2+ years.
The 4-month creditor claim period is a statutory minimum that cannot be shortened.
Local Resources
Union County Court Resources
- Court Website: Union County Circuit Court
- Probate Self-Help: Oregon Judicial Department Self-Help
- State Probate Forms: OJD Forms Center
Legal Aid and Attorney Referrals
- Oregon State Bar Referral Service: (503) 684-3763 — osbar.org
- Legal Aid Services of Oregon: (541) 276-6685 (Pendleton Regional Office serving Union County)
Publication
- The Observer: (541) 963-3161 — lagrandeobserver.com