What to Do When Someone Dies in Oregon
A step by step guide to the first days and weeks after a death in Oregon. Oregon calls the person who settles an estate the PERSONAL REPRESENTATIVE, whether or not there is a will. The court is not the same one in every county: ORS 111.075 puts probate in the CIRCUIT COURT for 30 counties and in the COUNTY COURT for Gilliam, Grant, Harney, Malheur, Sherman and Wheeler. Oregon has no separate probate court and no probate division, so the filing counter is the trial court administrator of the circuit court, or the county clerk where the county court hears probate. Oregon is not a community property state, and its simplified route is called a SIMPLE ESTATE AFFIDAVIT rather than a small estate affidavit.
Sources
- ORS 114.555 - Transfer of interest of decedent in property described in affidavit. The affiant transfers the decedent's interest to the persons the affidavit names, after the four-month claim period in ORS 114.540 and before the two-year period in ORS 114.550. Property conveyed remains subject to liens and to creditors' rights for that two-year period., accessed 2026-08-25
- ORS 21.105 - Caption of pleading; amended pleadings. Subsection (1) requires a petition subject to an ORS 21.170 fee to state the value of the estate in its caption; subsection (2) makes an amended pleading that increases that value pay the difference between the fee paid and the fee that would have been collected; subsection (3) lets the court require all fees that should have been paid., accessed 2026-08-26
- ORS 21.685 - Application for waiver or deferral of fees or court costs. The court administrator must supply the application on request, it must warn that judgment may be entered for deferred amounts, and no fee may be charged for providing or filing it., accessed 2026-08-26
- Oregon Health Authority: Order a Death Certificate, accessed 2026-08-25
If You Are the Named Executor in Oregon
If you are the named executor, personal representative, or the family member organizing an Oregon estate, start with the records and court tasks below at a steady pace. Each step links to its full instructions in the timeline.
- Order Certified Death Certificates
Statute: ORS 432.380; ORS 432.440
- Find the Will and Deliver It Within 30 Days
Statute: ORS 112.810(1)(f)
- Write Down What Was Owned and How It Was Titled
Statute: ORS 93.961; ORS 59.540
- Work Out Whether a Probate Is Needed At All
Statute: ORS 708A.430; ORS 723.466
- Check Whether the Simple Estate Affidavit Fits
Statute: ORS 114.510
We are sorry for your loss. Almost nothing on this page has to happen today. Two things do carry an early clock: the report of death goes to the state within five calendar days, and anyone holding the will has 30 days after learning of the death to deliver it. Everything else can wait until you are ready.
Timeline of Tasks
Start with the immediate tasks. Open each later phase as you reach it.
First 24 to 48 Hours
First Week
First Month
The Rest of the Administration
Who to Notify
Documents to Gather
Death Certificates
Many estates start with 10-15 certified copies because banks, insurers, property-transfer contacts, and agencies may ask for them.
How to get death certificates →Will & Trust Documents
Look in safe deposit boxes, home safes, attorney files, and records folders.
Probate guide →Financial Statements
Bank statements, investment accounts, retirement accounts, and recent tax returns.
Asset transfer guide →There is no rush on this. When you are ready, a short assessment can help you see whether probate is needed.
What Comes Next?
After the first 30 days, you may need to start probate or transfer assets. The Oregon probate guide walks through what usually comes next.
More Oregon Resources
Explore the rest of the Oregon probate hub.
Start here