Oregon Probate Types: Simple Estate vs Full Administration

Oregon sorts estates on value rather than on whether there is a will, and it measures value twice. The simple estate affidavit has one cap for personal property and another for real property, both have to hold, and everything that fails either one goes to a full administration.

Compare eligibility, timing, court involvement, and local verification points

How to Compare Oregon Probate Types

Two facts shape every Oregon probate. The first is where it is heard: ORS 111.075 vests jurisdiction of all probate matters in the county courts of Gilliam, Grant, Harney, Malheur, Sherman and Wheeler counties and in the circuit court for each other county, so 30 counties file with a circuit court and six file with the county clerk as clerk of the county court. Those six counties also have a circuit court and it has no probate jurisdiction, which is why a single statewide court name on an Oregon page misroutes six counties worth of readers.

The second is the price. ORS 21.170(1) charges a petition for appointment of a personal representative $278, $591, $882 or $1,176 by the value of the estate, and ORS 21.170(2) charges a further $35, $298, $591 or $1,176 on every annual and final accounting, so the accounting fee recurs. A qualifying estate leaves that ladder entirely: ORS 21.170(1) opens with the words Except as provided in ORS 114.515, and ORS 114.515(5) charges the flat $124 fee established by ORS 21.145 to file a simple estate affidavit, with no fee at all for an amended one. The schedule is statewide, and ORS 21.170(5) says so in terms rather than leaving it to inference.

Simple Estate vs Full Administration at a Glance

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Category	Simple Estate	Full Administration	Winner
What qualifies the estate	Two caps that must both hold: $75,000 of personal property other than manufactured homes, and $200,000 of real property and manufactured homes combined, valued gross	No threshold at all. A full administration is available at any value and is required once either cap is exceeded	Full Administration
Cost to open	$124 flat under ORS 21.145 as applied by ORS 114.515(5), and an amended affidavit is free	$278, $591, $882 or $1,176 under ORS 21.170(1) by value, plus $35, $298, $591 or $1,176 on every accounting under ORS 21.170(2)	Simple Estate
Real property	Allowed up to $200,000 of real property and manufactured homes combined, which is unusual among simplified routes	Handled at any value, and the only route once the house takes the estate over the cap	Tie
Waiting period	Thirty days from the death before the affidavit may be filed (ORS 114.515(3))	None. A petition under ORS 113.035 can be filed immediately, which is the reason to choose it when authority is urgent	Full Administration
Creditor exposure	Four months from the filing, presented to the affiant, with no publication (ORS 114.540(1)(a))	Four months from the mandatory single publication of the notice to interested persons, with the bar running to the later of that and 45 days from an ORS 115.003(2) notice	Full Administration
Court supervision	Light but real. The affiant is a fiduciary under ORS 114.545, and the administration stays open to a petition for summary review for two years under ORS 114.550	An inventory within 90 days, an account every year, and a final account the court approves before the judgment of final distribution	Simple Estate
Timeline	About 5 to 6 months	Usually 9 to 18 months	Simple Estate
What does not change	Values are gross, a will does not close the route, and exceeding a cap later cannot be fixed by amending (ORS 114.515(7))	The same statewide fee schedule, the same county forum question, and the same ORS 116.173 commission rules for the person in charge	Tie

Main Oregon Probate Options

Probate Type	Threshold	Filing Fee	Timeline	Real Estate	Attorney	Best For
Full Administration ORS 113.035 (petition), closing at ORS 116.113 (judgment of final distribution)	No dollar threshold. The ordinary route wherever the simple estate affidavit is unavailable or unsuitable.	$278, $591, $882 or $1,176 to open under ORS 21.170(1) by the value of the estate, plus $35, $298, $591 or $1,176 on every annual and final accounting under ORS 21.170(2)	Usually 9 to 18 months	Yes	No statutory requirement; counsel is usual once there is real property, a contest, or a business to wind up	Any estate over either simple estate cap, and any estate that needs letters, a creditor bar or a court judgment of distribution
Simple Estate Affidavit ORS 114.505 to 114.560; criteria at ORS 114.510, procedure and fee at ORS 114.515	Two caps that must BOTH hold: not more than $75,000 of fair market value attributable to personal property other than manufactured homes, and not more than $200,000 attributable to real property and manufactured homes combined. Values are gross, without reduction for liens or other debts (ORS 114.510(2)(b)). There is no aggregate figure.	$124 under ORS 21.145 as applied by ORS 114.515(5), with no fee at all for an amended affidavit	About 5 to 6 months, floored by the 30-day wait and the four-month claim window that opens at filing	Yes, up to the separate $200,000 cap on real property and manufactured homes combined	No	A modest estate that clears both caps, including one holding a house, where nobody needs letters to run a business or fight a claim
Estate Set Apart for Support ORS 114.085, with the support provision at ORS 114.015	No dollar threshold. The gate is that reasonable provision for the support of the surviving spouse and dependent children warrants setting the whole estate apart, and that four months have run from the date of publication of the notice to interested persons.	The ORS 21.170(1) petition fee, because an administration is opened before the estate is set apart	About 5 months	Yes	No statutory requirement; worth counsel because the order asks the court to displace the ordinary distribution	A small estate with a surviving spouse or dependent children whose support is the honest use for everything that is left
Bank Deposit Affidavit ORS 708A.430 for an insured institution; ORS 723.466 for a credit union	A deposit of $25,000 or less at the institution. This reaches that deposit and nothing else.	$0. No court is involved	About 2 months for anyone other than the surviving spouse	No	No	A single account at one bank or credit union where the rest of the estate needs no administration
Transfer on Death Deed ORS 93.948 to 93.979 (Uniform Real Property Transfer on Death Act); requirements at ORS 93.961, statutory form at ORS 93.975	Not a probate route. Planning done during life, which is why it is on this list at all.	County clerk recording, $5 per page under ORS 205.320(1)(d)(A) plus the ORS 205.323 surcharges. Not a court charge	The property passes at the death with no probate step	Yes, and only real property	No, though the creditor exposure below is worth a review before recording	An owner who wants the house to pass outside probate while keeping the right to sell or mortgage it

Full Administration

ORS 113.035 (petition), closing at ORS 116.113 (judgment of final distribution)

Any estate over either simple estate cap, and any estate that needs letters, a creditor bar or a court judgment of distribution

Threshold: No dollar threshold. The ordinary route wherever the simple estate affidavit is unavailable or unsuitable.

Filing Fee: $278, $591, $882 or $1,176 to open under ORS 21.170(1) by the value of the estate, plus $35, $298, $591 or $1,176 on every annual and final accounting under ORS 21.170(2)

Timeline: Usually 9 to 18 months

Real Estate: Yes

Attorney: No statutory requirement; counsel is usual once there is real property, a contest, or a business to wind up

Simple Estate Affidavit

ORS 114.505 to 114.560; criteria at ORS 114.510, procedure and fee at ORS 114.515

A modest estate that clears both caps, including one holding a house, where nobody needs letters to run a business or fight a claim

Threshold: Two caps that must BOTH hold: not more than $75,000 of fair market value attributable to personal property other than manufactured homes, and not more than $200,000 attributable to real property and manufactured homes combined. Values are gross, without reduction for liens or other debts (ORS 114.510(2)(b)). There is no aggregate figure.

Filing Fee: $124 under ORS 21.145 as applied by ORS 114.515(5), with no fee at all for an amended affidavit

Timeline: About 5 to 6 months, floored by the 30-day wait and the four-month claim window that opens at filing

Real Estate: Yes, up to the separate $200,000 cap on real property and manufactured homes combined

Attorney: No

Estate Set Apart for Support

ORS 114.085, with the support provision at ORS 114.015

A small estate with a surviving spouse or dependent children whose support is the honest use for everything that is left

Threshold: No dollar threshold. The gate is that reasonable provision for the support of the surviving spouse and dependent children warrants setting the whole estate apart, and that four months have run from the date of publication of the notice to interested persons.

Filing Fee: The ORS 21.170(1) petition fee, because an administration is opened before the estate is set apart

Timeline: About 5 months

Real Estate: Yes

Attorney: No statutory requirement; worth counsel because the order asks the court to displace the ordinary distribution

Bank Deposit Affidavit

ORS 708A.430 for an insured institution; ORS 723.466 for a credit union

A single account at one bank or credit union where the rest of the estate needs no administration

Threshold: A deposit of $25,000 or less at the institution. This reaches that deposit and nothing else.

Filing Fee: $0. No court is involved

Timeline: About 2 months for anyone other than the surviving spouse

Real Estate: No

Attorney: No

Transfer on Death Deed

ORS 93.948 to 93.979 (Uniform Real Property Transfer on Death Act); requirements at ORS 93.961, statutory form at ORS 93.975

An owner who wants the house to pass outside probate while keeping the right to sell or mortgage it

Threshold: Not a probate route. Planning done during life, which is why it is on this list at all.

Filing Fee: County clerk recording, $5 per page under ORS 205.320(1)(d)(A) plus the ORS 205.323 surcharges. Not a court charge

Timeline: The property passes at the death with no probate step

Real Estate: Yes, and only real property

Attorney: No, though the creditor exposure below is worth a review before recording

* Oregon prices the opening of a probate by the VALUE OF THE ESTATE, in four statutory bands, and the same schedule applies in all 36 counties. ORS 21.170(1) charges $278 for an estate under $50,000, $591 from $50,000 to under $1,000,000, $882 from $1,000,000 to under $10,000,000 and $1,176 at $10,000,000 or more. ORS 21.170(2) charges a further $35, $298, $591 or $1,176 on the same bands for every annual account and for the final account, so an estate open for three years pays it several times. A single per-county figure would be wrong on its face here, and so would a single figure with no band label. The simple estate affidavit does not pay the ladder at all: ORS 114.515(5) charges the flat $124 ORS 21.145 fee, and an amended affidavit is free. An appearance in a probate proceeding pays the $281 ORS 21.135 fee through ORS 21.170(4). Newspaper publication of the ORS 113.155 notice is priced by the newspaper and by no statute.

Unfamiliar terms in the comparison? The Oregon probate glossary defines them in plain language.

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Frequently Asked Questions

What are the main Oregon probate types?

One full route, one simplified route, and three things that sit beside them. A full administration under ORS 113.035 appoints a personal representative, issues letters, publishes the notice to interested persons and closes on a judgment of final distribution under ORS 116.113. The simple estate affidavit under ORS 114.510 to 114.560 is the simplified route, filed with the clerk for $124 where both value caps hold. ORS 114.085 lets a court set the whole estate apart for the support of a surviving spouse and dependent children once four months have run from publication. ORS 708A.430 and ORS 723.466 let a bank or credit union pay out a deposit of $25,000 or less on an affidavit. And a transfer on death deed under ORS 93.948 to 93.979 keeps real property out of probate entirely.

Does Oregon have summary administration?

No, and importing that label is a common error. Oregon has no procedure by that name. What it has is the simple estate affidavit under ORS 114.505 to 114.560, the setting apart of the whole estate for support under ORS 114.085, and a summary DETERMINATION of a claim under ORS 114.542, which is a claims procedure inside the affidavit route rather than a way of administering an estate. Using another state vocabulary here sends a reader to a counter looking for a filing Oregon does not offer.

What is the Oregon simple estate affidavit?

It is the route Oregon used to call the small estate affidavit, renamed by 2023 Or. Laws ch. 17. ORS 114.510 sets two value caps that must both hold: not more than $75,000 attributable to personal property other than manufactured homes, and not more than $200,000 attributable to real property and manufactured homes combined. It cannot be filed until 30 days after the death, it costs $124, the affiant is a fiduciary under ORS 114.545, and creditors have four months from the filing to present claims under ORS 114.540(1)(a). Unlike the out-of-court affidavits some states use, this one is filed with the clerk of the probate court.

Does real estate change which Oregon probate route applies?

It changes the arithmetic rather than closing the door. Oregon is unusual: the simple estate affidavit reaches real property, up to a separate $200,000 cap on real property and manufactured homes combined under ORS 114.510(1)(a)(B). Two qualifications decide most cases. Values are gross under ORS 114.510(2)(b), so a mortgage does not reduce the house to its equity. And a manufactured home is measured against the real property cap rather than the personal property cap for a death on or after January 1, 2026. Anything over either cap goes to a full administration, and a house handled during life with a recorded transfer on death deed under ORS 93.948 to 93.979 never enters the calculation.

How much does it cost to open probate in Oregon?

It depends on the value of the estate, in four bands, and the answer is the same in all 36 counties. ORS 21.170(1) charges $278 for an estate under $50,000, $591 from $50,000 to under $1,000,000, $882 from $1,000,000 to under $10,000,000 and $1,176 at $10,000,000 or more. Budget for the accounting fee as well: ORS 21.170(2) charges $35, $298, $591 or $1,176 on the same bands for every annual account and for the final account, so a two-year estate pays it more than once. ORS 21.105(1) requires the caption of the petition to state the value of the estate, which is how the band gets declared on the face of the filing.

Which court hears probate in Oregon?

It depends on the county, and this is the Oregon fact most summaries miss. ORS 111.075 vests jurisdiction of all probate matters in the county courts of Gilliam, Grant, Harney, Malheur, Sherman and Wheeler counties and in the circuit court for each other county. So 30 counties file with the circuit court, and in the other six the probate forum is the county court, which is county government with a county judge presiding, and the filing office is the county clerk. Those six counties also have a circuit court and it has no probate jurisdiction. ORS 111.115 lets a county court transfer an estate proceeding to the circuit court, and requires it where the county judge is a party or is directly interested.

Is a bond required for an Oregon personal representative?

By default, yes. ORS 113.105(1) says a personal representative may not act and letters may not issue until a bond is provided to the clerk in an amount the court sets, executed by a qualified surety, for the security and benefit of all interested persons. In setting the amount the court weighs the nature, liquidity and apparent value of the assets, the anticipated income during administration, and the probable indebtedness and taxes. Four situations excuse it: the will so provides, the personal representative is the sole heir or devisee, one of the listed state officers or an approved attorney is appointed, or the petition states that no assets are known. In the first two the court may still require a bond for good cause, and where the no-known-assets ground was used and assets later appear, the personal representative has 30 days from the inventory showing them to move to set or waive the bond.

How long do Oregon creditors have to present a claim?

Four months from the date the notice to interested persons is published, under ORS 115.005(2)(a) and ORS 113.155. Publication is mandatory and happens once, upon appointment, unless the petition states that no assets are known. Two details matter. Claims are presented to the personal representative, and ORS 115.005(1)(a) says in terms that filing a claim with the court does not constitute presentation. And the bar is the LATER of those four months and, for a creditor entitled to an ORS 115.003(2) notice, 45 days after that notice is delivered or mailed, so the 45 days is never a ceiling. On the simple estate affidavit route there is no publication and the four months run from the date the affidavit was filed under ORS 114.540(1)(a).

Does Oregon charge an estate or inheritance tax?

An estate tax, and only that. Oregon has no inheritance tax, so nothing is taxed by reference to who receives it. ORS 118.010 imposes an estate transfer tax, and ORS 118.160(1)(c) requires a return where the gross estate is $1 million or more. That $1 million is a filing threshold and the bottom of the rate table rather than a deduction: the ORS 118.010(4) table starts at 10 percent of the Oregon taxable estate above $1,000,000. Watch the deadline, because an Oregon executor faces two dates three months apart. ORS 118.100(1) makes the Oregon return and payment due 12 months after the death for a death on or after January 1, 2022, while the federal return is due at 9 months. None of this is a court fee and it never belongs in a filing-fee total.

Important: Choosing the county decides the courthouse, not the price. ORS 21.170 sets one statewide schedule and ORS 21.170(5) closes the obvious gap in terms: the fees established under that section apply to county courts exercising probate jurisdiction. What varies is the forum. Thirty counties hear probate in the circuit court. Gilliam, Grant, Harney, Malheur, Sherman and Wheeler hear it in the county court, which is county government with a county judge sitting in probate rather than a part of the Oregon Judicial Department, and the filing office there is the county clerk. Each of those six also has a circuit court with no probate jurisdiction, so confirm the counter before mailing a petition. A county court may transfer an estate proceeding to the circuit court under ORS 111.115 and must do so where the county judge is a party or is directly interested, which makes the county court the default forum rather than the only one. Two charges do differ with the forum even though the filing fee does not: a circuit court certifies a copy at $5.00 under Chief Justice Order 23-016 section 2.b.(1), while a county clerk charges $3.75 for an official certificate under ORS 205.320. Recording a deed out of the estate always goes to the county clerk as the land records office, which is a different counter from the probate court in all 36 counties.

Legal Authority: ORS 111.075 (probate jurisdiction vested in six county courts and in the circuit court for every other county); ORS 111.115 (transfer from a county court to the circuit court); ORS 113.035 (petition for appointment of a personal representative and probate of will); ORS 113.085 (preference in appointing a personal representative); ORS 113.105 (bond); ORS 113.145 (information to devisees, heirs, interested persons and the state agencies); ORS 113.155 (publication of the notice to interested persons); ORS 113.165 (inventory within 90 days); ORS 114.085 (setting apart the whole estate for support); ORS 114.510 to 114.560 (the simple estate affidavit); ORS 115.005 (presentation of claims); ORS 116.083 and ORS 116.093 (accounting and notice of objections); ORS 116.113 (judgment of final distribution); ORS 116.173 (compensation of the personal representative); ORS 708A.430 and ORS 723.466 (bank deposit affidavit); ORS 93.948 to 93.979 (transfer on death deed); ORS 21.145, ORS 21.135 and ORS 21.170 (the fees). Last Verified: August 2026.

SourcesOfficial references used for this page

ORS 111.075, Probate jurisdiction vested (ORS chapter 111)Oregon State Legislature (Oregon Revised Statutes, 2025 Edition). Current official statute text, accessed August 25, 2026.
ORS 113.035, Petition for appointment of personal representative and probate of will (ORS chapter 113)Oregon State Legislature (Oregon Revised Statutes, 2025 Edition). Current official statute text, accessed August 25, 2026.
ORS 114.510, Simple estate criteria (ORS chapter 114)Oregon State Legislature (Oregon Revised Statutes, 2025 Edition). Current official statute text, accessed August 25, 2026.
ORS 114.085, Setting apart whole estate for support; termination of administration (ORS chapter 114)Oregon State Legislature (Oregon Revised Statutes, 2025 Edition). Current official statute text, accessed August 25, 2026.
ORS 21.170, Probate filing fees and accounting fees (ORS chapter 21)Oregon State Legislature (Oregon Revised Statutes, 2025 Edition). Current official statute text, accessed August 25, 2026.
ORS 708A.430, Disposition of deposit on death of depositor (ORS chapter 708A)Oregon State Legislature (Oregon Revised Statutes, 2025 Edition). Current official statute text, accessed August 25, 2026.
Circuit Court Fee Schedule (Public Version), effective January 1, 2026Oregon Judicial Department. Current official fee schedule, accessed August 25, 2026.

This content is for informational purposes only and is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.

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