Overview
Wasco County is located in Oregon with a population of approximately 26,600. The Wasco 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 113. 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 Simple Estate Affidavit (Small Estate) procedure for estates valued at $275,000 or less (with 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 does not set a statutory percentage fee for attorneys; fees must be reasonable and approved by the court. Personal representatives are entitled to a statutory fee based on the value of the estate (generally starting at 7% for the first $1,000 and decreasing for larger amounts).
This guide provides an informational overview of the Wasco 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
Wasco County Circuit Court
Probate matters in Wasco County are handled at the Wasco County Courthouse.
Address: 511 Washington St, The Dalles, OR 97058
Phone: (541) 506-2700 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (Closed 12:00 PM - 1:00 PM)
The Circuit Court is located in the historic county courthouse in downtown The Dalles. The probate department handles wills, estates, guardianships, and conservatorships.
Parking and Access
Street parking is generally available around the courthouse on Washington Street and adjacent blocks. The building is accessible to persons with disabilities; look for designated entrances or call ahead for specific accommodation instructions.
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 ($75,000 max personal property, $200,000 max real property), you may file a Simple Estate Affidavit 30 days after death.
- Survivorship/Beneficiary Designations: Assets with named beneficiaries or held in joint tenancy with right of survivorship pass outside of 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 Wasco County Circuit Court. Include:
- Petition for Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $263)
- Limited Judgment Appointing Personal Representative
Oregon courts utilize the File & Serve (Odyssey) system for e-filing, which is mandatory for attorneys and optional for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Wasco County (such as The Dalles Chronicle) for three successive weeks.
Step 4: Attend the Hearing
The court will review the petition. Many uncontested probate petitions in Oregon are handled administratively without a formal court appearance, provided all documents are in order. If approved, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and the Oregon Health Authority (Estate Administration Unit).
- Inventory and appraise all estate assets within 60 to 90 days.
- Pay valid creditor claims (creditors typically have 4 months to file claims).
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a General Judgment of Distribution and a final accounting to close the estate.
Local Requirements
Wasco County-Specific Procedures
- E-filing: Wasco County uses the Oregon Judicial Department's statewide e-filing system. Attorneys are required to e-file.
- Bond requirements: A fiduciary bond is typically required unless the will waives it or all heirs/beneficiaries waive the requirement and the court approves.
- Local court rules: The 7th Judicial District (which includes Wasco County) may have specific Supplementary Local Rules (SLRs) regarding probate forms and scheduling.
- Publication: Notice must be published in a newspaper of general circulation in Wasco County for three consecutive weeks.
Always check with the court clerk for the most current local forms and procedural checklists.
Timeline & Fees
Filing Fees (Wasco County)
- Petition for Probate: approximately $263
- Simple Estate Affidavit: approximately $124
- Certified copies of Letters: approximately $5.00 + $0.25 per page
- Publication costs: approximately $150-$300 depending on the newspaper
- Response/Objection: approximately $263
Note: Fees are subject to change. Check the current Oregon Circuit Court Fee Schedule.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa/Mastercard). Convenience fees apply for card payments.
Estimated Timelines
- Simple estates (Small Estate Affidavit): 4-6 months (filing possible after 30 days, creditor period applies)
- Average estates: 6-9 months
- Complex or contested estates: 12 months to 2 years
Probate in Oregon generally takes a minimum of 4 months due to the creditor claim period.
Local Resources
Wasco County Court Resources
- Court Website: https://www.courts.oregon.gov/courts/wasco
- Probate Self-Help: https://www.courts.oregon.gov/courts/wasco/help/Pages/default.aspx
- Oregon Probate Forms: https://www.courts.oregon.gov/forms/pages/simple-estate.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: (503) 224-4086 — https://lasoregon.org
Publication
- The Dalles Chronicle: (541) 296-2141 — Newspaper of general circulation
- Columbia Gorge News: (541) 386-1234 — Regional publication