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Oregon · 10th Judicial District

Union County probate court Guide

probate court information · Updated August 2026

Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.

30 days
To deposit the will
4 months
Creditor claims, from notice
541-962-9500
Filing office phone
Independent guide · Verified August 2026 · Union County Circuit CourtSources (15)

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Not sure if you need probate?

Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

Immediate Actions

The first days

First: Get Death Certificates

Required for everything

Union County Center for Human Development

Cost: $25/copy
Get: 5 copies
Online: Available
Order Online
Office info
Address: 2301 Cove Avenue, La Grande, OR 97850

Secure the Property

  • Lock the residence and secure valuable items
  • Forward mail to a responsible family member
  • Make a list of what you find (don't throw anything away yet)

Locate Important Documents

Will or trust documents
Property deeds
Bank/investment statements
Insurance policies
Vehicle titles
Tax returns (last 3 years)

Required by Law

First 30 days
30 days

Deposit the Will

Any 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 the date of receiving information that the testator is dead. This is a delivery duty after a death, not a lifetime deposit for safekeeping: whether an Oregon court accepts a will for safekeeping while the testator is alive, and at what fee, was not established at an official source and no fee row for one appears in the 2026 circuit court fee schedule. (ORS 112.810(1)(f))

Cost: Verify locally
Where: Union County Circuit Court, Trial Court Administrator
Clerk Website

Creditor claim window

Creditors generally have 4 months from the date of publication of the notice to interested persons to bring claims against the estate. (ORS 115.005(2)(a); ORS 113.155)

Notify Key Parties

  • Banks and credit card companies (to prevent unauthorized use)
  • Social Security Administration (1-800-772-1213)
  • Employer (if applicable) for final paycheck and benefits

Assess Your Situation

Before filing anything

Which probate type is right for you?

1

Small estate? If the estate is worth less than the Oregon small-estate limit (shown on the options below), you may qualify for simplified procedures.

2

Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.

3

Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.

Select a probate type below to see specific requirements and costs.

Which applies to your situation?

Not sure? Use the free checker at the top of this page - you don't have to decide this alone.

Oregon's simplified route, and it is unusual in two ways. It is FILED with the clerk of the probate court rather than being a purely out-of-court affidavit, and it REACHES REAL PROPERTY: ORS 114.510(1)(a)(B) allows up to $200,000 of combined real property and manufactured homes, and ORS 114.555 transfers the decedent's interest in the property the affidavit describes. A page saying an Oregon small-estate affidavit cannot move a house is wrong. Fair market value is taken as of the date of death, or, where the death was more than a year before filing, as of a date within 45 days before filing, and it is taken WITHOUT reduction for liens or other debts, so a mortgaged house counts at full value.

  • At least 30 days must have passed since the death (ORS 114.515(3))
  • The filer must be a claiming successor, a person named as personal representative in the will, or the state where assistance may be recoverable (ORS 114.515(1))
  • The filer must not be disqualified under ORS 113.095 and must not have a felony conviction (ORS 114.515(2))
  • The affidavit must contain everything ORS 114.525 requires, including the ORS 114.535 notice in at least 14-point bold type
  • A $124 filing fee under ORS 21.145 as applied by ORS 114.515(5)
Qualifies:
TWO CAPS THAT MUST BOTH HOLD. Not more than $75,000 of the fair market value of the estate may be attributable to personal property other than manufactured homes, AND not more than $200,000 may be attributable to the combined fair market value of real property and manufactured homes. There is no $275,000 figure in current Oregon law; $275,000 is only the arithmetic sum of the two caps, and an estate of $250,000 that is all personal property fails the $75,000 cap and cannot use this route.
Filing fee:
$124
source
Typical duration:
4-6 months
Attorney:
not required by law, though many families use one

CALL IT A SIMPLE ESTATE AFFIDAVIT. 2023 Or. Laws ch. 17 retired the name 'small estate affidavit'; ORS 114.505(3) now defines 'simple estate affidavit' and ORS 114.510 is captioned 'Simple estate criteria'. Both names still circulate on official Oregon sites, and the statute is what governs. One date matters more than it looks: the two-cap text above governs the estate of a decedent dying ON OR AFTER January 1, 2026. For an earlier death the prior text applies, and while the two dollar figures did not move, a MANUFACTURED HOME was counted against the $75,000 personal-property cap rather than the $200,000 real-property cap. For a death before January 1, 2020 the route also carried a $275,000 aggregate cap that 2019 Or. Laws ch. 165 deleted.

An interested person, or the person the will nominates, petitions the Union County Circuit Court for probate of the will and appointment of a personal representative under ORS 113.035. Letters issue, and the personal representative then gives information to the heirs and devisees, publishes notice to interested persons once, notifies the Department of Human Services and the Oregon Health Authority within 30 days of appointment with a copy of the death record, searches for creditors, files an inventory within 90 days, and closes with a final account and a judgment of final distribution.

  • Petition under ORS 113.035, in a county with venue under ORS 113.015
  • Bond unless excused under ORS 113.105(2)
  • Information to devisees, heirs and interested persons upon appointment (ORS 113.145(1))
  • Notice to the Department of Human Services and the Oregon Health Authority, with a copy of the death record, within 30 days of appointment (ORS 113.145(6))
  • Publication of notice to interested persons once (ORS 113.155)
  • Inventory within 90 days of appointment (ORS 113.165)
  • Final account and petition for distribution (ORS 116.093)
Qualifies:
No dollar threshold. This is the ordinary route wherever the simple estate affidavit is unavailable or unsuitable.
Typical duration:
9-18 months
Attorney:
not required by law, though many families use one

Filed with the Union County Circuit Court, Trial Court Administrator (the clerk of the circuit court).

An interested person or the person nominated in the will petitions for appointment of a personal representative and for probate of the will (ORS 113.035). The court appoints a qualified and suitable person in the ORS 113.085 preference order, letters issue, and the personal representative gives information to heirs and devisees, publishes notice to interested persons once, notifies the Department of Human Services and the Oregon Health Authority within 30 days, searches for creditors over three months, files an inventory within 90 days, and closes with a final account and a judgment of final distribution.

  • Petition under ORS 113.035 in a county with venue under ORS 113.015
  • Bond unless excused under ORS 113.105(2)
  • Information to devisees, heirs and interested persons upon appointment (ORS 113.145(1))
  • Notice to DHS and OHA with a copy of the death record within 30 days of appointment (ORS 113.145(6))
  • Publication of notice to interested persons once (ORS 113.155)
  • Inventory within 90 days of appointment (ORS 113.165)
  • Final account and petition for distribution, with 20 days' notice of the objection date (ORS 116.093)
Qualifies:
No dollar threshold. This is the ordinary route wherever the simple estate affidavit is unavailable or unsuitable.
Attorney:
not required by law, though many families use one

Oregon's simplified route, filed with the clerk of the probate court rather than administered out of court. It reaches BOTH real and personal property, which is unusual, and it puts manufactured homes with real property. The affiant is a fiduciary under ORS 114.545 with a duty to administer, preserve, settle and distribute the estate.

  • At least 30 days must have passed since the death (ORS 114.515(3))
  • The filer must be a claiming successor, a person named as personal representative in the will, or the state where assistance may be recoverable (ORS 114.515(1))
  • The filer must not be disqualified under ORS 113.095 and must not have a felony conviction in Oregon or elsewhere (ORS 114.515(2))
  • The affidavit must contain the information required by ORS 114.525, including the ORS 114.535 notice of duty to pay debt or turn over property in at least 14-point bold type
  • A $124 fee under ORS 21.145 as applied by ORS 114.515(5)
Qualifies:
TWO CAPS THAT MUST BOTH HOLD: not more than $75,000 of the fair market value attributable to personal property other than manufactured homes, AND not more than $200,000 attributable to the combined fair market value of real property and manufactured homes. There is no $275,000 aggregate figure in current law.
Attorney:
not required by law, though many families use one

Oregon's fast exit for a small estate with a dependent family. After the four months run, the court may order that the whole estate, after claims, taxes and expenses of administration, be set apart for support. There is then no further proceeding and the estate is summarily closed.

  • A personal representative must already have been appointed and notice published, because the four months run from publication
  • Reasonable provision for support must warrant setting apart the whole estate
Qualifies:
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 notice to interested persons.
Attorney:
not required by law, though many families use one

Not a court proceeding at all. Where a deposit is $25,000 or less, an insured institution (ORS 708A.430) or a credit union (ORS 723.466) may pay it on an affidavit to a statutory priority list: the surviving spouse at any time; then the Oregon Health Authority or the Department of Human Services where they hold a preferred claim and demand between 46 and 75 days after the death; then adult children, a surviving parent, adult siblings, and any other heir. ORS 708A.430(7) says in terms that a probate proceeding is not necessary.

  • An affidavit meeting ORS 708A.430(3), or an ORS 708A.430(4) declaration from DHS or OHA
  • For anyone other than the surviving spouse, no payment earlier than 46 days after the death, and none earlier than 76 days without prior authorization from OHA and DHS
Qualifies:
A deposit of $25,000 or less at the institution
Attorney:
not required by law, though many families use one

Oregon enacted the Uniform Real Property Transfer on Death Act at ORS 93.948 to 93.979 (2011 Or. Laws ch. 212). The deed is revocable whatever it says, is nontestamentary, and takes effect only at death. A statutory form is provided at ORS 93.975.

  • The essential elements and formalities of a properly recordable inter vivos deed
  • A statement that the transfer to the designated beneficiary is to occur at the transferor's death
  • The designated beneficiary identified BY NAME; a designation identifying beneficiaries only as members of a class is void
  • RECORDED BEFORE THE TRANSFEROR'S DEATH in the deed records in the office of the county clerk for the county where the property is located
Qualifies:
Not applicable. A transfer on death deed recorded before the transferor's death passes the described real property at death without probate.
Attorney:
not required by law, though many families use one

File for Probate

Where to file, forms & fees

Where to File

Office: Union County Circuit Court
Address: Union County Courthouse, 1105 K Ave, La Grande, OR 97850
Hours: 8 am to 12 pm and 1 pm to 4:30 pm Monday through Friday. All public service counters close 4:30 pm to 5 pm.
How: in person, by mail

Free Filing Help Available

Oregon Judicial Department Self-Help Center (statewide, online) can help you understand forms and filing requirements at no cost.

Visit Self-Help Center

Other Topics That May Apply

Property & Real Estate

Property transfer after death, recording

Union County Clerk and Recorder

Website
Union County Assessor Website

Vehicle Title Transfer

Retitle or transfer the deceased's vehicle. Office, forms, fees.

La Grande DMV

Phone:
541-963-3012
Address:
3014 Island Ave, La Grande, OR 97850
Hours:
9:00 a.m. - 5:00 p.m., Monday and Tuesday; 10:00 a.m. - 5:00 p.m., Wednesday; 9:00 a.m. - 5:00 p.m., Thursday and Friday
Office Website

Any Oregon DMV office can process a title transfer; transactions may also be mailed to DMV Services, 1905 Lana Ave NE, Salem, OR 97314.

When an Oregon vehicle owner dies, the DMV decides what the survivor must file by reading two things: the SURVIVORSHIP box printed on the title, and whether the estate is going through probate. A title showing Y/N or Y/Y in that box carries survivorship, and the surviving owner needs only proof of death. A title showing N/N or N/Y does not, and the vehicle then moves either by the DMV Inheritance Affidavit signed by all known heirs when no probate is opened, by a Simple Estate Certification when a simple estate affidavit was filed with the court, or by the personal representative's release when the estate is probated. Every route is handled by a state DMV office, by mail to DMV Headquarters in Salem, or online where the transaction allows.

Transfer scenarios

Title Shows Survivorship and One Owner Survives

Documents needed:

  • Proof of death for each deceased owner: an original death certificate, a certified copy, a regular photocopy, or documents produced by a municipal or state court indicating the death
  • Application for Title and Registration (735-226), unless the transaction is completed online
  • The original Oregon title
  • The title fee

Submit the proof of death with a title application to a DMV office or by mail to DMV Services, 1905 Lana Ave NE, Salem, OR 97314. No court document is required.

Read the SURVIVORSHIP box on the title itself before choosing this route. The Oregon DMV branches on that box, not on how the names are joined in the owner field.

Title Shows Survivorship and All Owners Have Died

Documents needed:

  • Proof of death for all deceased owners except the owner who died most recently
  • Estate documents for the owner who died most recently: an Inheritance Affidavit (735-516), a court-filed simple estate affidavit or a Simple Estate Certification (735-6797), letters testamentary or letters of administration, or a Decree of Final Distribution, depending on whether the estate is unprobated, probated, or probated and closed
  • Application for Title and Registration (735-226)
  • The title fee

Prove the earlier deaths with death records, then follow the scenario on this page that matches the most recent owner's estate.

Surviving Spouse

Documents needed:

  • Whichever documents the matching scenario on this page requires
  • Proof of death of the deceased owner
  • Application for Title and Registration (735-226)
  • The title fee

Read the SURVIVORSHIP box on the title first. If it carries survivorship the spouse needs only proof of death. If it does not, the spouse follows the unprobated, simple-estate or probate route that matches the estate.

Because Oregon's Inheritance Affidavit must be signed by ALL of the known heirs, a surviving spouse who is not the only heir cannot complete that route alone. Heirs are determined under ORS chapter 112 and the DMV states that it cannot determine them for you.

Simple Estate Affidavit Filed With the Court

Documents needed:

  • A copy of the court-filed simple estate affidavit, OR a Simple Estate Certification (735-6797) completed by the affiant
  • The original Oregon title, if available
  • Application for Title and Registration (735-226)
  • The title fee

File the simple estate affidavit with the clerk of the probate court in a county with venue, no earlier than 30 days after the death, paying the ORS 21.145 filing fee. Then present a copy of the filed affidavit, or a Simple Estate Certification signed by the affiant, to a DMV office or by mail to DMV Services in Salem with the title application and the title fee.

Both dollar limbs must hold; they are not tiers and not alternatives. The $75,000 limb is the one a vehicle falls under. Oregon's affidavit CAN carry real property, which is unusual, so a page saying it cannot transfer an Oregon house would be wrong.

No Survivorship on Title and the Estate Is Not Being Probated

Documents needed:

  • Notarized Inheritance Affidavit (735-516) completed by each heir; separate forms may be used if there are several heirs, and each must say who the vehicle is assigned to
  • Signature of a parent or guardian for any heir who is a minor or is otherwise incapacitated
  • The original Oregon title, if available
  • Application for Title and Registration (735-226)
  • The title fee

Every known heir completes and notarizes an Inheritance Affidavit naming the person the vehicle passes to. Submit the affidavits with the title, the title application and the fee to a DMV office or by mail to DMV Services, 1905 Lana Ave NE, Salem, OR 97314.

Heirs are determined under ORS chapter 112 and the form states plainly that DMV cannot determine the heirs for you. Because every known heir must sign, this route stops working the moment one heir will not or cannot be found.

No Survivorship on Title and the Estate Is Being Probated

Documents needed:

  • A copy of the court-issued Letters Testamentary, Letters of Administration, or other document appointing the personal representative of the estate
  • An original release or bill of sale (735-501) from the personal representative; where there is more than one personal representative, a release from each
  • The original Oregon title, if available
  • Application for Title and Registration (735-226)
  • The title fee

Open probate in the court with jurisdiction over the estate and obtain letters. The personal representative then releases the interest and gives the transferee the appointment document, and the transferee applies for title at a DMV office or by mail to DMV Services in Salem.

Estate Was Probated and Has Now Closed

Documents needed:

  • A copy of the court-issued Decree of Final Distribution, which must show who was awarded the vehicle
  • Original releases or bills of sale (735-501) from any previous owners other than the deceased owner
  • Application for Title and Registration (735-226)
  • The title fee

Present the Decree of Final Distribution with the title application. If you were not the person awarded the vehicle in that decree, you must also provide a release from whoever was.

Forms

  • Inheritance Affidavit(735-516)(Must be notarized; a parent or guardian signs for a minor or incapacitated heir)
  • Simple Estate Certification(735-6797)
  • Application for Title and Registration(735-226)(For a passenger vehicle the guided DMV2U application prepares this form and calculates the fee)
  • Application for Replacement Title(735-515)
  • Vehicle Bill of Sale(735-501)

Fees

Title fee, passenger vehicle or truck rated 0-19 combined MPG$101
Title fee, 20-39 combined MPG$106
Title fee, 40 combined MPG or higher$116
Title fee, all-electric vehicle$192
Title fee, heavy vehicle over 26,000 lb GVWR and permanently registered trailers$90
Salvage title fee$27
Late title transfer, day 31 through day 60, on a transfer arising from a sale (ORS 803.105 (1)(a))$25
Late title transfer, after day 60, on a transfer arising from a sale (ORS 803.105 (1)(a))$50
Registration transferNo separate fee while the Oregon plates are current

Fees read from the Oregon DMV Vehicle Title, Registration and Permit Fees page on 2026-08-25 and corroborated against the statute: ORS 803.090 (1)(c) sets a $77 base and ORS 803.091 (3) adds $24, $29, $39 or $115 by combined MPG band, which produces $101, $106, $116 and $192. The $101 figure is also the flat title fee for a light trailer, travel trailer, motorcycle, moped, motor home, bus, camper, park model RV or ATV. Oregon charges no separate duplicate-title fee: the same schedule applies to original, duplicate and replacement transactions. Registration and renewal fees fall due only when the vehicle has no Oregon plates or the plates have expired, and Multnomah ($112) and Washington and Clackamas ($60) counties add their own registration fees under ORS 801.041. The two late-transfer figures are scoped, not general: ORS 803.105 (1)(a) attaches them to a transfer arising from the SALE of a vehicle and waives them on proof of a good faith effort or a cause beyond the transferee's control, and the DMV fee page footnotes the same sale condition. OPEN ITEM: the 2025 Edition notes that ORS 803.090 is amended by Enrolled House Bill 3991 (2025 special session), whose section 19 would raise the $77 base to $216 for fees imposed on or after that act's effective date. The DMV page still publishes the pre-amendment figures. Re-read the DMV fee page before republishing any of these numbers.

Small-estate vehicle transfer

Oregon's nonprobate estate route is the SIMPLE estate affidavit under ORS 114.505 to 114.560, filed with the clerk of the probate court. It reaches vehicles: ORS 114.547 (4) sends an affiant transferring a vehicle to the DMV requirements in ORS 803.094, and ORS 803.094 (2)(c) makes the affiant the person who assigns the title interest. At the DMV counter the affiant presents either a copy of the court-filed affidavit or a Simple Estate Certification (735-6797).

Threshold: $75,000

Do not confuse this route with the DMV Inheritance Affidavit (735-516). The Inheritance Affidavit under ORS 803.094 (2)(b) applies where the estate is NOT being probated and NO simple estate affidavit was filed, requires the signature of every known heir, and carries no dollar threshold at all. Oregon calls this route a SIMPLE estate affidavit, not a small estate affidavit.

Lost or duplicate title

When the last Oregon title issued has been lost, mutilated or destroyed. Get the duplicate before attempting a deceased-owner transfer if the vehicle is a 2011 or newer model that needs an odometer disclosure; for a 2010 or older vehicle you may instead mark the Replacement Oregon Title box in the Certifications section of the title application.

Mail or bring a completed Application for Replacement Title (735-515) and the title fee to DMV. Oregon charges no separate duplicate-title fee: the duplicate costs the same as the vehicle's title fee, which is $101 for a passenger vehicle rated 0 to 19 combined MPG, $106 at 20 to 39 MPG, $116 at 40 MPG or higher, $192 for an all-electric vehicle and $90 for a heavy vehicle. If the duplicate application is filed at the same time as a transfer application for the same vehicle, ORS 803.090 (2) requires only the transfer fee. DMV published a one-week wait for Oregon replacement titles on 2026-08-25.

Form:Application for Replacement Title(735-515)

Fee: $101

A security interest is perfected by notation on the Oregon title itself under ORS 803.097, so an unreleased lien travels with the replacement title. If there is a loan on the vehicle, contact the lien holder: the DMV states the holder will usually collect the documents and submit the application to DMV. ORS 803.097 (1)(c) waives the prior holder's authorization where title is being transferred by operation of law.

Helpful resources

Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.

Vehicle sources (13)

You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in Oregon

Frequently Asked Questions

How much does probate cost in Union County?
Probate filing fees in Union County, Oregon vary by the type of administration. Contact the probate court for the current fee schedule.
How long does probate take in Union County?
Timelines depend on the probate procedure, the court, and whether notice or publication is required. Simplified procedures can range from a few weeks to several months, while full administration often takes 6-12 months or longer.
Do I need an attorney for probate in Union County?
Attorney requirements depend on the type of administration and your specific situation. Consider talking with a probate attorney before filing or making legal decisions.

More Oregon Resources

Explore the rest of the Oregon probate hub.

Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages

Verified against Union County Circuit Court on August 26, 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.