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Oregon Executor Duties
Pillar GuideOregon31 min read

Oregon Executor Duties

Oregon executor duties in statute order: qualify for letters, inform the heirs, publish once, file the 90-day inventory, pay claims, then account and close.

By Settled Editorial

Oregon calls the job personal representative, and the duties run in a fixed statutory order. Qualify for letters and give a bond unless the court excuses one, deliver information about the proceeding to the devisees and heirs, publish notice once, tell the state within 30 days, file an inventory within 90 days, spend three months looking for creditors, pay allowed claims in the statutory order if the money runs short, then account and close.

Start with the word, because it decides which forms you pull and which articles you can trust. ORS 111.005(26) says personal representative "includes executor, administrator, administrator with will annexed and administrator de bonis non, but does not include special administrator." Executor is not a separate Oregon office. It is the everyday name for the version where a will named you, and personal representative is the term the probate statutes use and the term printed on your letters.

One note on the links below. Oregon publishes its Revised Statutes one page per chapter with no per-section address, so each link lands on the chapter and the section number tells you where to look inside it. Every rule here was read at the 2025 Edition on August 25, 2026. For the whole sequence from petition to closing, read the Oregon probate guide beside this page.

The Will Moves First, Within 30 Days

Two duties land before anyone is appointed, and they fall on whoever is holding the document.

  • The custodian delivers. A person having custody of a will shall deliver it to a court having jurisdiction of the estate of the testator, or to a personal representative named in the will, within 30 days after receiving information that the testator is dead (ORS 112.810(1)(f)).
  • The court can compel it. Where it appears to a court with jurisdiction of the estate that a person has custody of the decedent's will, the court may order that person to deliver it (ORS 112.830).

ORS 112.810(2) handles the safe deposit box: where the will sits in a box, compliance with ORS 708A.655 or ORS 723.844 by the financial institution, trust company, savings association or credit union holding the box is deemed compliance with the delivery duty.

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Where You File: Thirty Circuit Courts and Six County Courts

This is the Oregon fact that generic executor checklists get wrong. ORS 111.075 vests jurisdiction of all probate matters, causes and proceedings "in the county courts of Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties and in the circuit court for each other county and as provided in ORS 111.115." ORS 111.005(7) then defines "court" and "probate court" for the whole probate law as whichever court ORS 111.075 names.

Those six counties also have a circuit court, and it does not hear probate. County court is the default forum there rather than the only one. ORS 111.115(1) lets a county court transfer an estate proceeding to the circuit court at any time, and subsection (2) requires transfer when the county judge is a party or directly interested. On transfer the county clerk certifies the papers into the circuit court record and jurisdiction vests there as though it had been there from the start.

The Oregon probate court directory maps all 36 counties to the court that actually hears the case and the counter that takes the filing.

Getting Appointed: Priority, Disqualification, and the Petition

Your authority comes from the appointment, not from the will naming you. ORS 113.035 lets any interested person, or the person nominated in the will, petition for appointment and for probate of the will, and it lists what the petition must contain. Four items catch people out: a statement that reasonable efforts were made to identify and locate all of the heirs, the name and address of anyone asserting that the will is ineffective or that another will exists, whether the original will is with the court or attached to the petition, and a statement of the extent and nature of the assets so the court can set your bond.

ORS 113.085(1) then ranks who gets appointed, and the court appoints a qualified person it finds suitable, giving preference in this order:

  1. The personal representative named in the will
  2. The surviving spouse, or the spouse's nominee, if the spouse is a distributee of the estate
  3. A person who would take under intestate succession, if that person is a distributee
  4. Any other distributee of the estate
  5. The Director of Human Services or the Director of the Oregon Health Authority, or an attorney approved under ORS 113.086, where the decedent received public assistance, medical assistance or institutional care that may be recovered from the estate
  6. The Department of Veterans' Affairs, where the decedent was a protected person under ORS 406.050(10) and the department joined in the petition
  7. Any other person

Before appointing anyone below the top of that list, ORS 113.085(2) lets the court require the petitioner to make a reasonable attempt to notify the people with higher priority. ORS 113.085(3) sends the appointment to the State Treasurer where the decedent died wholly intestate and without known heirs.

ORS 113.095 rules out anyone who is incapacitated or financially incapable as ORS 125.005 defines those terms, a minor, a lawyer under suspension or disbarment, a lawyer who resigned with misconduct charges pending, and a licensed funeral service practitioner outside two narrow family and partnership cases. A felony conviction is not automatic disqualification, but ORS 113.092 makes a nominee tell the court about one, and a nominee who stays quiet can be disqualified or removed for it.

The Bond, and the Six Ways Out of It

ORS 113.105(1)(a) is blunt: you may not act, and letters may not issue, until you provide a bond to the clerk of the court in an amount the court sets, for the security and benefit of all interested persons, executed by a surety qualified under ORCP 82 D to G. Subsection (1)(b) tells the court to weigh the nature, liquidity and apparent value of the assets, the anticipated income during administration, and the probable indebtedness and taxes.

Subsection (2) lifts the requirement in four situations: the will provides that no bond is required, you are the sole heir or devisee, the representative is the State Treasurer, the Department of Veterans' Affairs, the Director of Human Services, the Director of the Oregon Health Authority or a person approved under ORS 113.085 or ORS 113.086, or the petition states that no assets of the estate are known to the petitioner. The first two are not absolute, because the court may still require a bond for good cause. And the fourth is temporary: under subsection (3), if assets later come into your hands you file a motion to set or waive the bond within 30 days after filing the inventory that first shows them.

Two further routes exist. Subsection (4) lets you ask the court to waive the bond if the request states why and describes the known creditors of the estate. Subsection (5) lets the court waive or reduce it where a financial institution confirms in writing that estate property can be withdrawn only on court order, or where the court restricts sale, encumbrance or other disposition without prior court approval. Our page on whether you need a bond walks through the amounts and the substitutes a court will take.

Once the bond, if any, is filed, ORS 113.125 has the court issue letters testamentary where a will has been proved, or letters of administration where no will of the decedent has been proved, reflecting any conditions or limitations the court imposed. For the document itself and certified copies of it, read getting your letters.

Your Powers Start With the Letters, and They Are Wide

ORS 114.255 starts your duties and powers when the letters issue, and relates the powers back so that acts you took before appointment carry the same effect as acts taken after.

ORS 114.265 is the general duty clause, and it is one sentence worth reading twice. You are a fiduciary under a general duty to collect the income from estate property in your possession and to "preserve, settle and distribute the estate in accordance with the terms of the will and ORS chapters 111, 112, 113, 114, 115, 116 and 117 as expeditiously and with as little sacrifice of value as is reasonable under the circumstances." ORS 114.225 gives you the right and the duty to take possession and control of the estate, while excusing you from taking property already held by an heir or devisee unless possession is reasonably required for administration.

Oregon then gets out of your way. ORS 114.275 tells you to proceed with administration, settlement and distribution "without adjudication, order or direction of the court," except where the probate chapters say otherwise, and leaves you or any interested person free to apply for relief under ORS 111.095(4). ORS 114.305 then lists 26 transactions you are authorized to make while acting reasonably for the benefit of interested persons, among them directing disposition of the remains and incurring funeral expenses suitable to the decedent's condition in life, completing or refusing performance of the decedent's contracts, abandoning burdensome property, borrowing with or without security, hiring lawyers, accountants and investment advisers, and continuing or winding up a business the decedent ran.

Selling property is part of that. ORS 114.325(1) gives you power to sell, mortgage, lease or otherwise deal with estate property "without notice, hearing or court order," subject to the bond section. Subsection (2) names the two exceptions, and both turn on the will: a sale that contravenes the will, or a sale of specifically devised property that the will does not authorize, is improper without notice, a hearing and a court order.

Four limits keep the width honest:

  • Self-dealing is voidable. A sale or encumbrance to you, your spouse, your agent or attorney, or an entity in which you hold more than a one-third beneficial interest, is voidable unless all affected interested persons consented, the will expressly authorized it, or another statute or an instrument the decedent signed allowed it (ORS 114.355).
  • An improper exercise of power is a breach. ORS 114.395 makes you liable to interested persons for the resulting damage or loss "to the same extent as a trustee of an express trust," and treats an exercise of power in violation of a court order as a breach outright.
  • Personal liability is narrow but real. ORS 114.405 treats you as an agent for a disclosed principal, so you are not personally liable on contracts properly made in your fiduciary capacity unless you expressly agree to be, and not liable for possession or torts unless you are personally at fault.
  • Copersonal representatives act together. ORS 114.415 requires the concurrence of all of you for acts connected with administration and distribution, with exceptions for receipting property, emergencies, delegation, a contrary will, and a contrary court direction.

Notice: the Heirs, the Newspaper, and the State

Three notice duties land on appointment and two of them carry a 30-day filing deadline.

Information to devisees, heirs and interested persons. ORS 113.145(1) has you deliver or mail, at the addresses shown in the petition, a package naming the court and the clerk's file number, the decedent and the place and date of death, whether a will has been admitted to probate, your name and address and your attorney's, and the date of your appointment, with a statement that the recipient's rights may be affected and that more information is available from the records of the court, from you or from your attorney. Where the recipient is a person described in ORS 113.035(8) or (9), the package also warns that their rights may be barred unless they act within four months of the delivery or mailing. Subsection (4) has you file proof of that delivery or mailing, with a copy of what you sent and the names of the recipients, within 30 days after the date of appointment.

The state, with a copy of the death record. ORS 113.145(6) is the one people miss. Within 30 days after appointment you mail or deliver that same information, plus a copy of the decedent's death record, to the Department of Human Services and the Oregon Health Authority.

Publication, once. ORS 113.155 has you publish notice to interested persons one time in a newspaper published in the county where the proceeding is pending, or in a newspaper the court designates where the county has none. The notice names the court, the decedent, you, and the address where claims are presented, and it requires all persons with claims to present them within four months after the date of publication or they may be barred. The statute's word is "may": ORS 115.005(3) keeps a narrow door open for a late claim in defined circumstances, which is why the notice does not promise an absolute bar. You then file proof of publication with a copy of the published notice. Subsection (5) excuses publication only where the petition stated that no assets were known and none have since reached you, and it restarts the clock if assets turn up.

Missing any of these is a breach of duty to the people concerned. ORS 113.145(3) and ORS 113.155(3) both say so, and both add that the failure does not invalidate your appointment or your powers. For the full calendar, work from every dated duty in one place.

The 90-Day Inventory

ORS 113.165 gives you 90 days after the date of appointment, unless the court grants longer, to file an inventory of all property of the estate that has come into your possession or knowledge. The inventory shows your own estimates of the respective fair market values as of the date of the decedent's death. Two details separate Oregon from states that ask for a formal appraisal up front: the values are yours to estimate, and if nothing at all has reached you, you still file an inventory stating that.

Property you learn about afterward has its own rule. Under ORS 113.175 you either file a supplemental inventory within 30 days after receiving possession or knowledge of it, or include it in the next accounting. Where a value is open to reasonable doubt, ORS 113.185 lets you employ a qualified and disinterested appraiser, use different appraisers for different kinds of property, and pay each a reasonable fee from the estate. The court may also direct an appraisal on its own.

The inventory is not only a filing. It sets the valuation floor for your own commission later, because ORS 116.173(2) values each asset at its highest value shown in the inventory, any amended or supplemental inventory, any interim account, or the final account.

Creditors: Three Months of Searching, Then the Bar

Oregon does not let you sit and wait for creditors to find you.

ORS 115.003(1) gives you three months after appointment, unless the court allows longer, to make reasonably diligent efforts to investigate the decedent's financial records and affairs and to work out the identity and address of each person who has or asserts a claim. Where you cannot finish in time, the section says you shall request more time and the court shall allow it.

Within 30 days after that period ends, subsection (2) has you deliver or mail a notice to each person you learned of during it. You skip a claim already presented, accepted or paid in full, and a claim that is merely conjectural. Subsection (3) sets the contents, and the operative line is that claims not presented within 45 days of the date of the notice may be barred. Within 60 days after the period ends, subsection (4) has you file proof of compliance naming every notice, its date and its recipient.

ORS 115.005(2) is where the two clocks meet. A claim is barred if it is not presented within its own statute of limitations and before the later of:

Creditor's positionDeadline to present the claim
Every claimant, measured from the newspaperFour months after the date of publication of notice to interested persons
A creditor you were required to notify under ORS 115.003(2)45 days after that notice was delivered or mailed to their last-known address

Presentation means mailing or personally delivering the claim to you at the address in the petition, the address in the ORS 115.003 notice, or the address in the published notice. Filing a claim with the court does not count. You may also authorize presentation by email or fax to a designated address, and ORS 115.005(1)(b) then puts the burden on the creditor to show the message was properly addressed and delivered.

ORS 115.005(3) keeps a narrow door open after the bar. A late claim is still paid if it arrives before the statute of limitations runs and before you file the final account, comes from someone who did not receive an ORS 115.003 notice more than 30 days before presentation and is not the assignee of someone who did, and would otherwise be allowable. Subsection (4) pays it only after the expenses that have priority over claims under ORS 115.125 and after every previously presented claim.

Then you decide. Under ORS 115.135(1) a claim presented to you is treated as allowed as presented unless you mail or deliver a notice of disallowance within 60 days after presentation, so silence is an allowance. The disallowance notice states the reason and tells the claimant the claim will be barred unless they proceed under ORS 115.145. Our page on notifying creditors covers presentment, allowance and rejection in full.

Paying in the Statutory Order

The order matters when the money runs short. ORS 115.125(1) opens with the condition: "If the applicable assets of the estate are insufficient to pay all expenses and claims in full," you pay in fourteen classes, in this sequence.

  1. Support of spouse and children, subject to the ORS 114.065 limits
  2. Expenses of administration of the estate, and of a protective proceeding in which the decedent was the protected person
  3. Expenses of a plain and decent funeral
  4. Debts and taxes with preference under federal law
  5. Reasonable and necessary medical and hospital expenses of the last illness
  6. Taxes with preference under Oregon law, due while you hold the estate
  7. Wages owed the decedent's employees for labor within 90 days before the death
  8. Child support arrearages
  9. The claim of the Department of Veterans' Affairs under ORS 406.100
  10. The Department of Human Services or Oregon Health Authority claim for the state's monthly Medicare Part D contribution
  11. The Department of Human Services or Oregon Health Authority claim for the net amount of public assistance and medical assistance
  12. The same agencies' claim for care and maintenance at a state institution
  13. The Department of Corrections claim for care and maintenance at a state institution
  14. All other claims against the estate

Where the assets cannot cover one class in full, subsection (2) pays each expense or claim in that class in proportion to its amount. Paying a low-priority creditor ahead of a high-priority one is an improper exercise of power, which ORS 114.395 measures against the standard for a trustee of an express trust. See paying debts in the right order for what to do when the estate cannot cover everything.

Accounting and Closing

ORS 116.083(1) sets five accounting moments: annually within 60 days after the anniversary of your appointment unless the court orders otherwise, within 30 days after your resignation, within 30 days after your removal or the revocation of your letters, when the estate is ready for final settlement and distribution, and whenever else the court orders.

Every account states the period covered, the value you are chargeable with according to the inventory or the balance from the prior account, the money and property received, the disbursements with evidence attached unless the court or a rule says otherwise, what remains on hand, and a declaration under penalty of perjury. Subsection (3) offers a lighter path between anniversaries: with the distributees' written consent you may file a statement in lieu of the annual account, and an unpaid creditor who receives that statement may demand a real account within 30 days.

The final account adds more under subsection (4): a statement that any required estate tax return has been filed, a statement that Oregon income, estate and personal property taxes have been paid or secured and the current returns filed, any request to hold a reserve for later tax, a statement of how your compensation was determined under the will or under ORS 113.038 or ORS 116.173, and a petition for a judgment authorizing distribution. Subsection (5) allows a statement in lieu of the final account where the distributees consent in writing and every creditor other than those owed administration expenses requiring court approval has been paid in full.

Then the closing sequence runs. ORS 116.093(1) has you set a time for objections and mail the final account, the petition and the notice at least 20 days beforehand to each distributee and to each creditor who has not been paid in full and is not otherwise barred. Where a state agency has an unpaid claim, subsection (5) sends it a copy of the final account too. ORS 116.113 then has the court enter a general judgment of final distribution naming who takes title and in what portion, and that judgment is a conclusive determination of the successors and their interests, subject only to appeal and to the court's power to vacate. ORS 116.213 closes the file: once you file receipts or other satisfactory evidence that distribution happened as ordered, the court enters a supplemental judgment of discharge that releases you and bars actions against you and your surety. The court keeps one year in which it may, in its discretion, still permit an action where the discharge was taken through your fraud or misrepresentation or through the claimant's mistake, inadvertence, surprise or excusable neglect.

Filing an account costs money, and the fee is graduated the same way the appointment fee is. ORS 21.170(2) charges 35 dollars where the estate is worth less than 50,000 dollars, 298 dollars from 50,000 up to 1 million, 591 dollars from 1 million up to 10 million, and 1,176 dollars at 10 million and above. ORS 21.170(5) applies the same schedule to the county courts, so the six county-court counties charge what the thirty circuit counties charge. Our page on the final account works through what goes in one.

What Oregon Pays a Personal Representative

Oregon publishes a statutory commission, and it is tiered rather than flat. ORS 116.173(3) allows this on the property subject to the jurisdiction of the court:

Portion of the estateRate
Any sum not exceeding 1,000 dollars7 percent
Above 1,000 and not exceeding 10,000 dollars4 percent
Above 10,000 and not exceeding 50,000 dollars3 percent
Above 50,000 dollars2 percent

Because the rates apply in tiers, no estate pays 7 percent of the whole, and any source quoting Oregon as a flat 7 percent state has read only the first line. ORS 116.173(3)(b) adds 1 percent of property that sits outside the court's jurisdiction but is reportable for Oregon or federal estate tax purposes, excluding life insurance proceeds.

The base is wider than the inventory. ORS 116.173(1) defines property subject to the jurisdiction of the court to include everything the decedent owned at death that is subject to administration, amounts recovered on a personal injury claim, income received during administration, gains realized on sales above the asset's recorded value, unrealized gains on assets acquired during administration, and proceeds recovered on a wrongful death claim by judgment or settlement.

Three adjustments sit around the table. ORS 116.173(4) allows further compensation as is just and reasonable for extraordinary and unusual services, including work not ordinarily required of a personal representative. ORS 116.173(5) makes a will's special provision for your pay your only compensation unless you sign and file a written renunciation with the clerk of the court before your appointment, and caps your pay at the statutory commission where the estate cannot pay its expenses or claims in full. And ORS 113.038 lets the petition itself ask the court for a different method of compensation, on specific facts showing the commission would be inadequate, with 20 days' notice to the distributees, the Department of Human Services and the Oregon Health Authority.

Expenses are a separate line. ORS 116.183(1) allows you all necessary expenses incurred in the care, management and settlement of the estate, including reasonable fees for appraisers, attorneys and other qualified people you employ, and subsection (3) covers you where you prosecuted or defended a proceeding in good faith and with just cause, win or lose.

To put a number against the tiers before you apply to the court, run the estate through the Oregon executor compensation calculator. It walks the ORS 116.173(3)(a) bands on the figure you enter and states what it does not compute, which is the 1 percent on reportable nonprobate property and the extraordinary-services allowance.

Removal, and What Ends the Job

ORS 113.195 sorts removal into one mandatory case and three discretionary ones. The court shall remove you when you stop being qualified under ORS 113.095 or become incapable of discharging your duties. The court may remove you where you have been unfaithful to or neglectful of the trust, where you failed to disclose a felony conviction under ORS 113.092, and for other good cause. Where grounds appear, the court on its own motion or on an interested person's petition orders you to appear and show cause, and the order and petition are served on you and on your surety.

One Asset That Does Not Wait for the Judgment

A car is the common case. The title route runs through the Oregon DMV rather than through the probate file, so check it before you assume the vehicle has to move with the rest of the estate. Start at transferring a vehicle.

This guide is general information about Oregon estates. It is not legal advice. Confirm anything that affects your own estate with the circuit court or county court where the proceeding is pending, or with a licensed Oregon attorney.

Frequently Asked Questions

What are the duties of an executor in Oregon?

Oregon calls the job personal representative. Deliver the will to the court or to the person named in it within 30 days of learning of the death under ORS 112.810, petition for appointment under ORS 113.035, give a bond to the clerk of the court unless ORS 113.105 excuses it, take possession and control of the estate under ORS 114.225, deliver or mail information about the proceeding to the devisees and heirs on appointment and file proof of it within 30 days under ORS 113.145, mail the same information plus a copy of the death record to the Department of Human Services and the Oregon Health Authority within 30 days under ORS 113.145(6), publish notice to interested persons once under ORS 113.155, file an inventory within 90 days under ORS 113.165, spend three months searching for creditors under ORS 115.003, pay allowed claims in the ORS 115.125 order if the estate cannot cover everything, then account under ORS 116.083 and close under ORS 116.113.

Is an executor the same thing as a personal representative in Oregon?

They name the same office. ORS 111.005(26) says personal representative includes executor, administrator, administrator with will annexed and administrator de bonis non, but does not include special administrator. So executor is not a separate Oregon office, it is the everyday word for the version where a will named you. The probate statutes say personal representative throughout, and that is the term on your letters. ORS 113.125 issues letters testamentary when the court has proved a will and letters of administration when no will of the decedent has been proved.

When is the Oregon estate inventory due?

Within 90 days after the date of appointment, unless the court grants longer. ORS 113.165 measures that clock from your appointment rather than from the death, and it asks for an inventory of all property of the estate that has come into your possession or knowledge, showing your own estimates of fair market value as of the date of the decedent's death. If nothing has reached you, you still file an inventory saying so. Property you find later gets a supplemental inventory within 30 days of receiving possession or knowledge of it, or you include it in the next accounting, under ORS 113.175. ORS 113.185 lets you hire a qualified and disinterested appraiser where a value is open to reasonable doubt, and lets the court order an appraisal on its own.

How much does a personal representative get paid in Oregon?

Oregon publishes a commission, and it is tiered rather than flat. ORS 116.173(3) allows 7 percent of any sum not exceeding 1,000 dollars, 4 percent of all above 1,000 and not exceeding 10,000 dollars, 3 percent of all above 10,000 and not exceeding 50,000 dollars, and 2 percent of all above 50,000 dollars, on the property subject to the jurisdiction of the court, plus 1 percent of property that is outside the court's jurisdiction but reportable for Oregon or federal estate tax, excluding life insurance proceeds. Because the rates apply in tiers, no estate pays 7 percent of the whole. ORS 116.173(4) allows further just and reasonable compensation for extraordinary and unusual services. Where the will made special provision for your pay, ORS 116.173(5) makes that your only compensation unless you sign and file a written renunciation with the clerk of the court before you are appointed.

How long do creditors have to file a claim against an Oregon estate?

It depends on the notice you give, and two clocks run at once. ORS 115.005(2) bars a claim not presented within its own statute of limitations and before the later of four months after the date of publication of notice to interested persons, or 45 days after a notice under ORS 115.003 was delivered or mailed to a creditor you were required to notify. ORS 115.005(3) is a narrow escape hatch: a later claim is still paid if it arrives before the statute of limitations runs and before you file the final account, from a person who did not get an ORS 115.003 notice more than 30 days earlier, and it would otherwise be allowable. Claims are presented to you, not filed with the court, and filing one with the court does not count as presentation.

Does an Oregon personal representative have to post a bond?

Usually, and the exceptions are specific. ORS 113.105(1)(a) says you may not act and letters may not issue until you provide a bond to the clerk of the court in an amount the court sets, executed by a surety qualified under ORCP 82 D to G. ORS 113.105(1)(b) has the court weigh the nature, liquidity and apparent value of the assets, the anticipated income during administration, and the probable indebtedness and taxes. Subsection (2) drops the requirement where the will says no bond is required, where you are the sole heir or devisee, where the representative is one of the named public officers, or where the petition states that no assets of the estate are known. The court can still require a bond for good cause in the first two cases. Subsections (4) and (5) let the court waive or reduce a bond on request, or where estate property is held subject to withdrawal only on court order.

Which Oregon court handles probate?

Thirty counties file in the Circuit Court and six file in the County Court. ORS 111.075 vests jurisdiction of all probate matters, causes and proceedings in the county courts of Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties, and in the circuit court for each other county. The six county-court counties also have a circuit court, and it does not hear probate. County court is the default forum in those six rather than the only one: ORS 111.115(1) lets the county court transfer an estate proceeding to the circuit court at any time, and subsection (2) requires transfer when the county judge is a party or directly interested.

Sources:

It is not legal advice.

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Information current as of August 25, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Oregon can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.