Malheur County
Probate Court
In Oregon, estates are probated in the Circuit Court (Probate Division). This page gathers where to file in Malheur County, the state rules that apply, and where every detail comes from.
Where to file in Malheur County
- Handled by
- Circuit Court (Probate Division)In Oregon, probate jurisdiction is exercised by the County Circuit Court in each judicial district.
- Location
- Probate filings are made in the county seat, Vale. We have not found an open, verifiable address for the office yet — use the county website below.
- Phone
- No phone number published in an open source. Use the county website's contact page — we don't list numbers we can't source.
- Opening hours
- Not published in an open source. Check the court or county website before you go.
- County website
- malheurco.orgWikidata
- State courts & e-filing
- courts.oregon.govCase search: Oregon Judicial Case Information Network (OJCIN OnLine)
How probate runs in Malheur County
Six stages, with the Oregon rules that set the pace.
- 01
Secure the original will
Find the original signed will and order certified death certificates. Oregon deadline: Must deliver will to Circuit Court promptly upon death.
- 02
Pick the right track
If the probate estate is under $275,000, a small-estate procedure (ORS § 114.515 (Simple Estate Affidavit)) may avoid full administration.
- 03
Petition the court
File the petition with the Circuit Court (Probate Division) for Malheur County. The court appoints the executor or administrator and issues letters.
- 04
Inventory the estate
Open an estate bank account (the IRS issues the EIN), list assets at date-of-death values and file the inventory if the court requires it.
- 05
Notify creditors
Publish or send notice to creditors. Window: 4 months after the date of first publication of notice to creditors, or 30 days after direct notice.
- 06
Account and distribute
Pay debts, taxes and fees (ORS § 116.173), file the final account if required, distribute to heirs and ask to close the estate.
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 Oregon courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
Oregon rules that apply here
Probate law is state law — these apply in all 36 Oregon counties.
- Small estates
- $275,000 total ($75,000 personal property + $200,000 real property)ORS § 114.515 (Simple Estate Affidavit) · wait 30 days
- Filing the will
- Must deliver will to Circuit Court promptly upon death
- Creditor claims
- 4 months after the date of first publication of notice to creditors, or 30 days after direct noticeORS § 115.005
- Executor fees
- Statutory Scale: 7% first $1k, 4% next $9k, 3% next $40k, 2% over $50k, plus 1% on non-probate property (ORS § 116.173)ORS § 116.173 · estimate the fee
- Handwritten wills
- Not recognized without witnesses. Oregon does NOT recognize unwitnessed holographic wills executed in Oregon (ORS § 112.235).
- Estate tax
- Yes — exemption $1 million.Oregon imposes an estate tax on estates exceeding $1 million (the lowest threshold in the United States; graduated rates 10% to 16%).
- Inheritance tax
- No.No state inheritance tax in Oregon.
- Typical duration
- 6 to 12 monthsA lawyer is not required by statute, though most formal estates use one.
Rules re-checked Sept 2026 against: oregon.public.law · oregon.public.law · oregon.public.law