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Gilliam County, OR Probate Information

Quick facts
| Category | Current rules |
|---|---|
| Court | The Gilliam County Court. Gilliam is one of six Oregon counties where probate jurisdiction sits in the county court rather than the circuit court (ORS 111.075), and an Oregon county court is the county's governing body sitting judicially. The county describes it as a full-time County Judge and two part-time County Commissioners, all elected and nonpartisan, and states that the County Judge has jurisdiction over probate matters. A county court exercising probate jurisdiction has the general legal and equitable powers of a circuit court, and its determinations, orders and judgments have the same validity, finality and presumption of regularity (ORS 111.095) |
| Filing office | The County Court Offices, in the Gilliam County Courthouse. The county's County Court page states that probate filings are accepted by mail or hand delivery to the County Court Offices (verified July 2026). This is the one county in the six where probate does not go to the county clerk. Note two county-published statements that point the other way: the Gilliam County Service Directory lists probate filing among the County Clerk's services at 541-351-9490, and the probate fee sheet is published as the County Clerk's, with checks payable to the Gilliam County Clerk. Call the County Court Offices at 541-351-9499 before you deliver or mail anything, and ask who should receive the papers and the check |
| Courthouse | Gilliam County Courthouse, Court Administration Offices, 221 S. Oregon Street, Condon, OR 97823. Three other offices sit in the same building and none of them is the probate counter: the County Clerk in Room 200, the Gilliam County Circuit Court, and the Gilliam County Justice Court, which sits in Condon on Tuesdays |
| Mailing address | 221 S. Oregon Street, Condon, OR 97823, the same address. The County Court publishes no post office box for probate. Do not use PO Box 622, which is the Gilliam County Circuit Court's mailing address and the wrong court for an estate. P.O. Box 427 is the County Clerk's remittance box on the county's fee schedule, so if the office directs you to pay the Clerk, confirm which address the papers themselves should go to |
| Phone | 541-351-9499, the County Court Offices, with a toll free line at 1-800-568-4558 (verified July 2026). This is the number for a probate question. The County Clerk is 541-351-9490. It is not 541-256-1008, which is the Gilliam County Circuit Court |
| Fax | None published for probate. Neither the County Court page nor the County Clerk page publishes a fax number, and the circuit court publishes none either. The county's fee schedule does price fax and email transmission, at $2.00 for the first outgoing page, $1.00 for each additional outgoing page and $0.50 per incoming page (Gilliam County Clerk fee schedule effective June 2, 2018), so the office does send and receive documents that way. Ask at 541-351-9499 before treating anything sent by fax as a filing |
| None published for probate. The County Court page and the County Clerk page publish mailboxes for named staff members only, with no office or probate mailbox, so call 541-351-9499 rather than assuming a filing can be emailed | |
| Office hours | The County Court Offices post Monday through Thursday, 7:00 a.m. to 6:00 p.m., with no Friday hours listed (County Court page, verified July 2026). Those are the hours that matter for a probate filing, and the missing Friday is a reason to call 541-351-9499 before driving to Condon. Three other schedules are published in the same courthouse and are easy to confuse with them: the County Clerk in Room 200 is open Monday through Thursday 8:00 a.m. to 5:00 p.m. and Friday 8:00 a.m. to 3:00 p.m., closed for lunch from noon to 1:00 p.m.; the Gilliam County Circuit Court posts courthouse hours of 1:00 p.m. to 4:00 p.m., Monday through Friday; and the Justice Court is open 8:30 a.m. to 4:30 p.m., Monday through Friday |
| Filing fee | The filing fee to open a probate is set by statute and is the same in every Oregon county, tiered by the value of the estate: $278 if the estate is worth less than $50,000, $591 from $50,000 to just under $1,000,000, $882 from $1,000,000 to just under $10,000,000, and $1,176 at $10,000,000 or more (ORS 21.170(1); Oregon Judicial Department Circuit Court Fee Schedule effective January 1, 2026). Those tiers apply here because ORS 21.170(5) provides that the fees established under that section apply to county courts exercising probate jurisdiction. A simple estate affidavit is $124 (ORS 21.145(4); ORS 114.515(5)). The caption must state the value of the estate (ORS 21.105). Fee waivers and deferrals are available. Gilliam County publishes its own probate fee sheet, whose estate figures match the statute, but it is dated and cites a repealed statute, so confirm the current amount at 541-351-9499 |
| Local forms | None. Gilliam County publishes no probate form of any kind, checked across the county website and its archived pages in July 2026, and none is advertised for sale over the counter. Oregon publishes no statewide petition to open a probate either, because no particular pleadings or forms of pleadings are required in the exercise of the jurisdiction of probate courts (ORS 111.205(2)). What is available free statewide is the Oregon Judicial Department's Simple Estate Affidavit packet with instructions, a Claim Against Estate form and an accounting packet. The circuit court's forms page for Gilliam County publishes protective-proceeding and civil forms only, and no estate form |
| E-filing | None for probate. OJD eFile, Oregon's statewide electronic filing system, covers the state's circuit courts and the Oregon Tax Court, and the Uniform Trial Court Rules that make e-filing mandatory for Oregon State Bar licensees govern circuit courts (UTCR 21.140(1)), so neither reaches a probate accepted at the County Court Offices under ORS 111.075. The county's own instruction is mail or hand delivery. Do not be misled by the County Clerk's e-recording service, offered through six commercial vendors: that is for documents presented for recording in the county's deed records, not for opening a probate |
| Case search | None for Gilliam County probate. The free OJD Records and Calendar Search covers the Oregon circuit courts, the Tax Court, the Court of Appeals and the Supreme Court, and OJD states that documents are not available through it in any event, so it does not reach the county court's probate cases. Gilliam County publishes no probate index of its own. To find out what is on file in an estate here, call the County Court Offices at 541-351-9499. The County Clerk's page describes the Clerk as custodian of the records and files of the County Court, so you may be sent there for a copy |
| Remote appearance | Nothing is published for probate. The Seventh Judicial District's supplementary local rules and its motion to change the mode of appearance belong to the circuit court, and the Gilliam County Court publishes no rule on telephone or video appearances in a probate matter, so ask at 541-351-9499 what the County Judge expects for a given matter |
| Website | https://www.gilliamcountyor.gov/government/offices/county_court/index.php (the County Court, the County Judge's probate jurisdiction and the instruction to file at the County Court Offices), https://www.gilliamcountyor.gov/government/offices/county_clerk/index.php (the County Clerk, Room 200, and its hours), https://www.gilliamcountyor.gov/Documents/Government/Offices/County%20Clerk/Recording%20Fees/Fee%20Schedule2018.pdf (the county fee schedule, whose probate section is on page 2), and https://www.gilliamcountyor.gov/government/index.php (the county Service Directory, which lists every office in the courthouse) |
Before you begin — know the assets and liabilities
Before you take anything to the County Court Offices in Condon, know exactly what is in the estate. Which Oregon route fits depends on whether there is a will, on who is entitled to be appointed, and on the value and type of the assets, because a full probate that ends in letters testamentary or letters of administration and a simple estate affidavit under ORS 114.505 to 114.560 are different filings with different fees, different waiting periods and different consequences. Those routes and their dollar caps are statewide and are explained on the Oregon state page. Getting it right before the first trip matters more here than in a metro county: there is no e-filing for a Gilliam County probate and no online docket to check, the probate counter posts no Friday hours, and a wrong or incomplete filing means another drive to Condon or another round of mail.
Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle and parcel of real property, along with every debt, before you file. Two Oregon rules make this a filing requirement rather than good practice: the petition must state the extent and nature of the estate's assets so the court can set the bond (ORS 113.035), and the caption must state the value of the estate because the filing fee is tiered by that value (ORS 21.105(1); ORS 21.170(1)). If an amended pleading raises the value, the court collects the difference (ORS 21.105(2)). Sunset's asset discovery work, searching more than 2,300 financial institutions, exists for this step, so the petition you hand across the counter at 221 S. Oregon Street states the estate accurately the first time.
Which court handles jurisdiction
The County Court Offices, in the Gilliam County Courthouse at 221 S. Oregon Street in Condon, are the probate filing point for the whole county. There is no branch office and no second location for an estate. The county covers Condon, the county seat, Arlington on the Columbia River, and the wheat and ranch country and river canyons between and beyond them. This is a large county with a very small population and long drives, so most of an uncontested estate is handled by mail and phone: the county's own instruction is that probate filings are accepted by mail or hand delivery.
The court is the Gilliam County Court, not a circuit court. Under ORS 111.075 jurisdiction of all probate matters, causes and proceedings is vested in the county courts of Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties and in the circuit court for each other county. An Oregon county court is the county's governing body sitting judicially, and Gilliam County describes its own as a full-time County Judge and two part-time County Commissioners, with the County Judge serving as chair and as the county's day-to-day administrator, and states that the County Judge has jurisdiction over probate matters. That is not a lesser court. A probate court has the general legal and equitable powers of a circuit court, and its determinations, orders and judgments have the same validity, finality and presumption of regularity (ORS 111.095). An appeal from a county court exercising probate jurisdiction goes to the circuit court and the Court of Appeals in the manner provided by ORS 5.120 (ORS 111.105(3)), and an individual estate proceeding can be transferred from the county court to the circuit court by order of the county court, which must happen where the county judge is a party or directly interested (ORS 111.115). The County Court's published first and third Wednesday meetings, at 10:00 a.m. in Condon and in Arlington, are its governing body meetings for county business and are not a probate docket.
The Gilliam County Circuit Court is a different court, in the same building, and it does not handle probate. It is a state court of the Oregon Judicial Department in the Seventh Judicial District, which also covers Hood River, Wasco, Sherman and Wheeler Counties, and it sits at the Gilliam County Courthouse, 221 S. Oregon St., mails to PO Box 622, Condon, OR 97823, answers at 541-256-1008, and posts courthouse hours of 1:00 p.m. to 4:00 p.m., Monday through Friday. The county's own Service Directory assigns it name changes, divorce and jury business, and lists it at a second number, 541-351-9550, as a state office located in the courthouse. Readers arrive holding the Oregon Judicial Department page for this county, which is headed as a circuit court and never mentions probate, so the distinction is worth checking before you address an envelope. One further caution: the Seventh Judicial District's supplementary local rules, effective February 1, 2026, are the circuit court's rules and contain no statement that probate jurisdiction lies in the county court, unlike the districts covering Grant, Harney and Malheur Counties, whose rules say so outright. The statute is what settles it here.
Venue is broad. Oregon law allows a probate to be filed in the county where the decedent was domiciled or had a place of abode at the time of death, in any county where the decedent's property was located at death or is located when the proceeding starts, in the county where the decedent died, or in the county where a personal injury or wrongful death claim could be brought (ORS 113.015(1)); filing in another county is not a jurisdictional defect (ORS 113.015(2)). In practice you file in the county where the decedent lived, because that is where the notice to interested persons is published (ORS 113.155(1)). So if the person who died lived in Gilliam County, file with the Gilliam County Court. If proceedings are started in more than one county, all but the first are stayed until venue is settled, and the court may transfer the matter for the best interest of the estate (ORS 113.025).
The jurisdiction process
- Call first, because Gilliam is the one county in six where the filing counter is not the county clerk. The county's County Court page states that the County Judge has jurisdiction over probate matters and that probate filings are accepted by mail or hand delivery to the County Court Offices, at 221 S. Oregon Street in Condon. Two other county sources point at the County Clerk: the county Service Directory lists probate filing among the Clerk's services, and the county's probate fee sheet is published as the Clerk's, with checks payable to the Gilliam County Clerk. Call 541-351-9499, or the toll free line 1-800-568-4558, and ask who should receive the papers and the payment before you drive or mail anything.
- Gather the documents. Collect the original signed will if there is one, along with the affidavit of an attesting witness or of genuine signature, a certified copy of the death certificate, the proposed personal representative's address and qualifications, the names and addresses of the heirs and devisees with the ages of any minors, and a list of the assets and debts with values. Oregon's statutory term for the person who settles an estate is personal representative; executor and administrator are informal usages for the will-named and the court-appointed version of the same role.
- Decide what you are asking for. A probate proceeding is commenced by filing a petition (ORS 111.205(1)), and the court then appoints a qualified and suitable personal representative in the order of preference set by ORS 113.085(1), starting with the person named in the will and then the surviving spouse or the spouse's nominee where the spouse is a distributee. Where the estate is small enough, the alternative is a simple estate affidavit filed with the clerk of the probate court in a county where there is venue (ORS 114.515(1)), which in Gilliam County means asking the County Court Offices which counter takes it. The caps, the waiting period and the two-year review window for that route are statewide and are covered on the Oregon state page.
- Prepare the petition yourself or with an attorney. Oregon prescribes no pleading forms for probate: no particular pleadings or forms of pleadings are required in the exercise of the jurisdiction of probate courts (ORS 111.205(2)), and there is no statewide petition, inventory or letters form and no Gilliam County form either. Every petition, inventory, report and accounting must be in writing and carry a declaration under penalty of perjury in the form required by ORCP 1 E. The petition must state the decedent's name, age, domicile, address and date and place of death, whether the decedent died testate or intestate, the facts relied on to establish venue, the proposed personal representative's address and qualifications, the heirs and devisees, a statement that reasonable efforts have been made to identify and locate all heirs, whether the original will accompanies the petition, and a statement of the extent and nature of the assets so the court can set the bond (ORS 113.035). Remember the caption must state the value of the estate (ORS 21.105(1)).
- Use the free statewide forms where one fits. The Oregon Judicial Department publishes the Simple Estate Affidavit packet with instructions, a Claim Against Estate form, an accounting packet, a generic probate motion and order, and an acknowledgment of restriction of assets, all free. Gilliam County publishes no probate form and advertises none for sale, so do not plan on buying a packet at the counter here.
- File on paper. Take the papers to the County Court Offices at 221 S. Oregon Street in Condon, open Monday through Thursday 7:00 a.m. to 6:00 p.m. with no Friday hours posted, or mail them to the same address. There is no e-filing for a Gilliam County probate: OJD eFile covers Oregon's circuit courts and the Oregon Tax Court, so it does not reach a county court probate. Do not mail a petition to PO Box 622, which is the circuit court. Call 541-351-9499 before you mail an original will, and ask what the office wants on intake.
- Pay the filing fee. Opening a probate costs $278 if the estate is worth less than $50,000, $591 from $50,000 to just under $1,000,000, $882 from $1,000,000 to just under $10,000,000, and $1,176 at $10,000,000 or more (ORS 21.170(1); Oregon Judicial Department Circuit Court Fee Schedule effective January 1, 2026), and those tiers apply in a county court because ORS 21.170(5) says so. A simple estate affidavit is $124 (ORS 21.145(4); ORS 114.515(5)), with no fee for an amended affidavit. Fees are payable in advance and are not refundable (ORS 21.100), and the statutory filing fee is the only charge collectible for the filing, which is why Oregon counties add no local surcharge. Fee waivers and deferrals are available through the Oregon Judicial Department's fee waiver packet. Ask at 541-351-9499 who the check should be payable to, because the county's fee sheet says the Gilliam County Clerk while the filing instruction names the County Court Offices.
- Take the appointment and collect the letters. The court issues letters testamentary where there is a will or letters of administration where there is not, once any bond the court requires is filed with the clerk of the court (ORS 113.105; ORS 113.125). Bond is not required where the will waives it, where the personal representative is the sole heir or devisee, or where the petition states that no assets are known, though the court may still require one for good cause. A certified copy of the letters is what banks, transfer agents and title companies rely on, so order enough for the institutions the estate deals with: a certified copy of letters is $5 plus 25 cents per page in paper form and $0 if delivered electronically (ORS 21.258; Chief Justice Order 23-016; Oregon Judicial Department fee schedule effective January 1, 2026). The county's own sheet still shows an older figure, so ask what it charges.
- Give the required information and notices. Upon appointment the personal representative must deliver or mail the statutory information to the devisees, heirs and the other persons named in the petition, file proof of that delivery within 30 days after appointment, and mail the same information with a copy of the death record to the Department of Human Services and the Oregon Health Authority (ORS 113.145). The notice to interested persons is published once, not three times, in a newspaper published in the county where the estate proceeding is pending, or in a newspaper the court designates if none is published there (ORS 113.155(1)), and it must require claims to be presented within four months after the date of publication. Gilliam County publishes no designated newspaper for this purpose, so ask at 541-351-9499 which paper the County Judge expects and confirm the schedule with that paper before you rely on a date, because publication starts the four-month claim period.
- Search for creditors, then handle claims. During the three months following appointment the personal representative must make reasonably diligent efforts to investigate the decedent's financial records and affairs to identify claimants, must mail or deliver a notice to each known claimant not later than 30 days after that period stating that claims not presented within 45 days of the notice may be barred, and must file proof of compliance not later than 60 days after the period (ORS 115.003). Claims are presented to the personal representative, not filed with the court, and filing a claim with the court does not count as presentation (ORS 115.005(1)(a)). A claim is barred if not presented before the later of four months after publication or 45 days after a notice to a known claimant (ORS 115.005(2)), with narrow exceptions.
- File the inventory within 90 days. The personal representative must file an inventory of all estate property that has come into their possession or knowledge within 90 days after the date of appointment unless the court grants longer, showing estimated fair market values as of the date of death (ORS 113.165). If no property has come in, an inventory saying so must still be filed, and property found later goes into a supplemental inventory within 30 days or into the next accounting (ORS 113.175).
- Account, then close. Unless the court orders otherwise, an account is filed annually within 60 days after the anniversary of appointment, and again when the estate is ready for final settlement and distribution (ORS 116.083(1)); a statement in lieu of an annual or a final account is possible where the distributees consent in writing and, for the final account, where creditors other than those owed administrative expenses have been paid in full (ORS 116.083(3) and (5)). Oregon charges to file an accounting, on the same value bands as the filing fee: $35, $298, $591 and $1,176 (ORS 21.170(2)). On filing the final account and the petition for a judgment of distribution, mail the account, the petition and notice of the time for objections to each distributee and each unpaid creditor at least 20 days beforehand (ORS 116.093(1)); if no objections are filed, the court enters a general judgment of final distribution (ORS 116.113). Where Oregon real property passes, record the deed with the Gilliam County Clerk, who is the county's recording officer.
Forms and documents
Probate forms in Gilliam County
Gilliam County publishes no probate forms, and that is worth stating plainly because filers arrive looking for a packet. Checked in July 2026 across the county website and its archived pages, nothing on gilliamcountyor.gov is a probate form, and none is advertised for sale at the counter. That sets Gilliam apart from some of the other five Oregon county-court counties, where the clerk either sells probate forms over the counter or hosts a copy of the statewide simple estate packet.
There is no statewide Oregon petition to open a probate either, and that is by design rather than an oversight. No particular pleadings or forms of pleadings are required in the exercise of the jurisdiction of probate courts (ORS 111.205(2)), so the petition, the order, the notices, the inventory and the accountings are drafted documents rather than fill-in forms, each carrying a declaration under penalty of perjury in the form required by ORCP 1 E. What the Oregon Judicial Department does publish statewide, free, is the Simple Estate Affidavit packet with instructions, a Claim Against Estate form covering presentation of a claim to a personal representative, to a simple estate affiant, to a conservator or to a trustee, an accounting packet, a generic probate motion and order, and an acknowledgment of restriction of assets. Accountings filed substantially in the form provided on the Oregon Judicial Department forms site must be accepted in every judicial district (UTCR 9.160).
One place not to look for a Gilliam estate form: the Oregon Judicial Department forms library does hold a set of forms scoped to Gilliam County, but every one of them is a circuit-court form, including motions for continuance, a motion to change the mode of appearance, an oral objection form for protective proceedings, a motion to terminate a guardianship, a declaration of name change and a challenge to garnishment. None of them opens or administers a decedent's estate, and the protective-proceeding forms sit under the circuit court's page even though probate jurisdiction here belongs to the county court. Call the County Court Offices at 541-351-9499 and ask what the office wants on intake before you file.
| Resource | What it provides |
|---|---|
| Gilliam County Court (gilliamcountyor.gov) | The county's own statement that the County Judge has jurisdiction over probate matters and that probate filings are accepted by mail or hand delivery to the County Court Offices, 221 S. Oregon Street, Condon, with the phone number and the posted hours |
| Gilliam County fee schedule (gilliamcountyor.gov) | The county's fee schedule, whose page 2 carries the probate and county judicial fees, marked effective October 1, 2019 within a sheet dated June 2, 2018, plus the recording fees that apply to a deed |
| Oregon Judicial Department estate forms (courts.oregon.gov) | The statewide Simple Estate Affidavit packet with instructions and the Claim Against Estate form. There is no statewide petition to open a probate. The page renders its list in JavaScript, so allow it to load |
| Oregon Judicial Department probate accounting forms (courts.oregon.gov) | The statewide accounting packet, the format that must be accepted in every judicial district under UTCR 9.160 |
| Oregon Judicial Department fee deferral and waiver (courts.oregon.gov) | The packet for asking that a filing fee be deferred or waived, for a filer who cannot afford the amount set by ORS 21.170(1) |
Fees
Gilliam County does publish a probate fee sheet, and it takes some finding: the probate fees sit on page 2 of the County Clerk's recording fee schedule, under the heading for probate and county judicial fees, linked from the Clerk's page as Recording Fees. The sheet's masthead is dated June 2, 2018 and its probate section is marked effective October 1, 2019. Its estate figures match the statute, but it cites a repealed statute and one of its figures is behind the current statewide schedule, so this page prints the statutory figures with the current ORS 21 citations and describes the county's sheet as the county's own.
The controlling fees are statutory and identical statewide, because ORS 21.170(5) provides that the fees established under that section apply to county courts exercising probate jurisdiction. Fees are payable in advance and are not refundable (ORS 21.100), and the filing fee for a proceeding is the only fee that may be collected for the filing, so there is no Gilliam County surcharge. Where a filer cannot afford the fee, the Oregon Judicial Department publishes a fee deferral and waiver packet.
| Item | Current fee and authority |
|---|---|
| Petition for appointment of a personal representative | $278 if the value of the estate is less than $50,000; $591 if $50,000 or more but less than $1,000,000; $882 if $1,000,000 or more but less than $10,000,000; $1,176 if $10,000,000 or more (ORS 21.170(1); Oregon Judicial Department Circuit Court Fee Schedule effective January 1, 2026). The county's own sheet lists the same four figures |
| Annual or final accounting | $35, $298, $591 and $1,176 on the same value bands, for each annual or final accounting (ORS 21.170(2); schedule effective January 1, 2026). The county's sheet lists the same four figures |
| Simple estate affidavit | $124, and no fee for an amended affidavit (ORS 21.145(4); ORS 114.515(5); schedule effective January 1, 2026). The county's sheet lists $124 under the older names, small estate affidavit and affidavit of claiming successor |
| Appearance in a probate proceeding | $281 for any other appearance in a probate proceeding, and $281 for a petition for summary determination of a claim under ORS 114.542 or for summary review of administration under ORS 114.550 (ORS 21.135(1) and (2)(g); ORS 21.170(4); ORS 114.552(1); schedule effective January 1, 2026). The county's sheet lists $281 for an appearance in an estate proceeding and for a petition for summary determination |
| Certified copy of letters | $5 plus 25 cents per page if provided in paper form, and $0 if delivered electronically (ORS 21.258; Chief Justice Order 23-016 2.b.(1); schedule effective January 1, 2026). The county's sheet lists $3.75 plus $0.25 per page, an older figure, so ask what the office charges |
| Motion in a probate proceeding | $111 for the motions listed in ORS 21.200(1) (schedule effective January 1, 2026). The county's sheet lists $111 for a motion for summary judgment |
| Copies and certification at the counter | The county's sheet also prices photocopies at $0.25 per page, ledger size at $0.50, certification of a document at $3.75, locating a document at $3.75, and fax or email transmission at $2.00 for the first outgoing page, $1.00 for each additional outgoing page and $0.50 per incoming page (Gilliam County Clerk fee schedule effective June 2, 2018). The statewide court schedule sets paper copies of court documents at $3 per request per case plus 25 cents per page and charges nothing to locate and inspect a court record (ORS 21.258(2)), so ask which schedule the office applies to a probate file |
| Recording a deed with the County Clerk | $5.00 per page for any document, plus the statutory surcharges, with a $20.00 fee for a nonstandard document; the sheet's worked example totals a one-page deed at $86.00 (Gilliam County Clerk fee schedule effective June 2, 2018). That sheet is internally inconsistent on one surcharge, listing the Oregon Housing and Community Services fee at $20.00 in its line item and using $60.00 in the example, so confirm the total at 541-351-9490 before writing a check. This matters because a simple estate affiant transfers real property by recording a bargain and sale deed (ORS 114.555(3)) and a personal representative records a deed on a sale |
What is off on the county's sheet, and why it does not change what you pay to open a probate. The sheet cites ORS 21.310 as the authority for the estate tiers and ORS 21.325 for certified letters. ORS 21.310 was repealed in 2011, and the current probate fee sections are ORS 21.145, ORS 21.170, ORS 21.175, ORS 21.180 and ORS 21.258. The sheet also attaches its trust filing line to ORS 130.355, which is the Oregon Uniform Trust Code section on commencement of a proceeding rather than an estate authority. None of that changes the amount due on a petition to open a probate, because the sheet's tier figures match ORS 21.170(1) exactly. It does mean the certified copy of letters, the counter copy charges, and the payee should be confirmed at 541-351-9499 before you write a check.
Local nuance
Gilliam County-specific considerations
Gilliam is the exception inside the exception. Six Oregon counties keep probate in the county court (ORS 111.075), and five of the six send the filing to the county clerk. Gilliam sends it to the County Court Offices: the county's County Court page states that the County Judge has jurisdiction over probate matters and that probate filings are accepted by mail or hand delivery to those offices, at 221 S. Oregon Street in Condon, 541-351-9499. The County Clerk's own page, by contrast, never mentions probate at all. If you have read about another one of the six counties, or been told to look for the clerk, that is why the trail goes cold here.
The county's own sources do not fully agree, so call before you deliver or mail. Two county-published statements point at the County Clerk rather than the County Court Offices: the Gilliam County Service Directory lists probate filing among the Clerk's services at 541-351-9490, and the county's probate fee sheet is published as the County Clerk's fee schedule, telling filers to make checks payable to the Gilliam County Clerk and to mail to P.O. Box 427. The Clerk's page also makes the Clerk custodian of the records and files of the County Court, which is consistent with the Clerk handling the paperwork after the County Judge has it. None of that is a conflict you have to resolve: ask at 541-351-9499 who takes the petition, who takes the check, and where a certified copy comes from, and follow what the office says.
One courthouse, four offices, four sets of hours, and only one of them takes a probate. Everything is at 221 S. Oregon Street in Condon. The County Court Offices, 541-351-9499, post Monday through Thursday 7:00 a.m. to 6:00 p.m. and list no Friday hours. The County Clerk is in Room 200, 541-351-9490, Monday through Thursday 8:00 a.m. to 5:00 p.m. and Friday 8:00 a.m. to 3:00 p.m., closed for lunch from noon to 1:00 p.m. The Gilliam County Circuit Court, 541-256-1008, posts courthouse hours of 1:00 p.m. to 4:00 p.m., Monday through Friday, mails to PO Box 622, and handles the county's other cases, which the county's Service Directory describes as name changes, divorce and jury business; that directory also lists it at a second number, 541-351-9550. The Gilliam County Justice Court, 541-454-2923, sits in Arlington through the week and in Condon on Tuesdays, 8:30 a.m. to 4:30 p.m., and its jurisdiction is traffic and game cases, other violations and misdemeanor crimes, landlord-tenant and small claims, so it has nothing to do with an estate. Call ahead before driving to Condon.
The district's local rules are the circuit court's, and they are silent on the county court. The Seventh Judicial District's supplementary local rules, effective February 1, 2026, cover Hood River, Wasco, Gilliam, Sherman and Wheeler Counties, and unlike the rules for Grant and Harney Counties and for Malheur County they contain no statement that probate jurisdiction lies in the county court. Their probate chapter belongs to the circuit court: SLR 9.055 on conservatorships of a minor, SLR 9.076 requiring a non-professional fiduciary, including a personal representative appointed under ORS chapter 113, to register for a court-approved education class within 15 days and complete it within 60 days of appointment, and SLR 9.081 on oral objections in protective proceedings. Nothing published says the Gilliam County Court applies those rules, and the county court is not a circuit court, so treat them as the circuit court's and ask at 541-351-9499 what the County Judge requires. The same caution applies to forms: the circuit court's forms page for Gilliam County publishes protective-proceeding forms, including an oral objection form and a motion to terminate a guardianship, even though probate jurisdiction here belongs to the county court, so ask which office takes a guardianship or conservatorship filing before you send it.
Paper in, paper out. Because OJD eFile serves the circuit courts and the Oregon Tax Court, and the free OJD Records and Calendar Search covers the circuit courts, the Tax Court, the Court of Appeals and the Supreme Court, a Gilliam County probate is neither e-filed nor searchable online. The county publishes no probate index of its own, so the only way to find out what is on file in an estate here is to ask. Note one service that does exist and is easy to mistake for e-filing: the County Clerk offers e-recording through six commercial vendors for documents presented for recording in the county's deed records. That is the deed side of an estate, not the probate filing.
Recent updates
| Change | What it means in Gilliam County |
|---|---|
| Seventh Judicial District supplementary local rules, effective February 1, 2026 | The circuit court's local rules for Hood River, Wasco, Gilliam, Sherman and Wheeler Counties were reissued for 2026. This edition contains no county-court probate provision, unlike the rules covering Grant, Harney and Malheur Counties, so nothing in them changes where a Gilliam County probate is filed. Their probate chapter, which belongs to the circuit court, covers conservatorships of a minor (SLR 9.055), non-professional fiduciary education (SLR 9.076) and oral objections in protective proceedings (SLR 9.081) |
| Gilliam County fee schedule, probate section effective October 1, 2019 | The county's published probate and county judicial fees sit on page 2 of the County Clerk's fee schedule, whose masthead is dated June 2, 2018. It remains the only fee document on the county site (verified July 2026). Its estate tiers match ORS 21.170(1), but it cites ORS 21.310, repealed in 2011, and its certified letters figure is behind the current statewide schedule, so confirm amounts at 541-351-9499 |
| Legal Aid Services of Oregon's Pendleton office has moved | The regional legal aid office that covers Gilliam County publishes a new address, 202 SE Dorion Ave, Ste. #102, Pendleton, with walk-in hours Tuesday through Thursday and Mondays and Fridays by appointment (verified July 2026). Phone applications are taken at (541) 276-6685 or 1-800-843-1115 |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Gilliam County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the home in Condon, Arlington or elsewhere in the county was held with a right of survivorship, or passes by a beneficiary or transfer on death designation, it goes to the survivor without a probate and the county court is not involved in the house itself. If assets stood in the decedent's sole name and there is a will, the spouse petitions the Gilliam County Court to admit the will and issue letters testamentary; with no will, a surviving spouse who is a distributee, or the spouse's nominee, has preference for appointment after any personal representative named in a will (ORS 113.085(1)). Either way the petition goes on paper to the County Court Offices at 221 S. Oregon Street, and the bond requirement often falls away where the personal representative is the sole heir or devisee (ORS 113.105). | Asset discovery to confirm how the home and the accounts are titled and what actually has to reach the county court. Packet generation for the petition and the notices, ready to file in Condon. A vetted attorney referral if title or a claim turns out to be contested. |
| Out-of-state adult child, small estate | Where the estate is small enough for the simple estate affidavit route under ORS 114.505 to 114.560, the affidavit is filed with the clerk of the probate court in a county where there is venue (ORS 114.515(1)), for a $124 fee (ORS 21.145(4)). In Gilliam County that means calling 541-351-9499 first, because the county's filing instruction names the County Court Offices while its fee sheet is the County Clerk's. The statewide packet is free online and the county sells no form. Because there is no e-filing for a Gilliam County probate, a filer living out of state mails the papers to 221 S. Oregon Street, Condon, OR 97823 rather than flying into eastern Oregon. Note that the affidavit reaches real property as well as personal property, and that it appoints no personal representative and produces no letters. | Asset discovery to establish the estate's value from out of state and confirm which route it qualifies for. Packet generation for the affidavit or the petition, assembled so it can be mailed to Condon and accepted the first time. |
| Parent settling a predeceased child's estate, home must be sold | Because real property has to be sold, this normally means a full probate: with no will the parent petitions the Gilliam County Court for appointment as personal representative in the preference order of ORS 113.085(1), receiving letters of administration; with a will the parent probates it and receives letters testamentary. The inventory follows within 90 days (ORS 113.165), the notice to interested persons is published once in a newspaper published in the county (ORS 113.155(1)), and claims are presented to the personal representative rather than filed with the court (ORS 115.005). The deed on the sale is recorded with the Gilliam County Clerk, and the estate closes with a final account and a general judgment of final distribution (ORS 116.083; ORS 116.113). | Asset discovery for the child's accounts, insurance, real property and debts. Packet generation for the petition, the inventory and the notices. Attorney referral where the sale, a mortgage payoff or a dispute among heirs makes counsel worthwhile. |
Self-help resources
| Resource | What it offers |
|---|---|
| Gilliam County Court (gilliamcountyor.gov), 541-351-9499 or 1-800-568-4558 | The filing office for probate: the county's statement that the County Judge has jurisdiction over probate matters and that probate filings are accepted by mail or hand delivery to the County Court Offices at 221 S. Oregon Street, Condon, with posted hours of Monday through Thursday 7:00 a.m. to 6:00 p.m. Staff can explain procedure but cannot give legal advice |
| Gilliam County Clerk (gilliamcountyor.gov), 541-351-9490 | The Clerk's office in Room 200, open Monday through Thursday 8:00 a.m. to 5:00 p.m. and Friday 8:00 a.m. to 3:00 p.m. with a noon to 1:00 p.m. lunch closure. The page does not mention probate, but the Clerk is custodian of the records and files of the County Court, records deeds, offers free notary service and administers the county law library |
| Gilliam County fee schedule (gilliamcountyor.gov) | The county's probate and county judicial fees on page 2, marked effective October 1, 2019 within a sheet dated June 2, 2018, plus recording fees. Read it alongside the statutory tiers, because it cites a repealed statute and one figure is behind the current statewide schedule |
| Gilliam County service directory (gilliamcountyor.gov) | Every office in the courthouse with its phone number, which is the fastest way to tell the County Court Offices, the County Clerk, the Circuit Court Office and the Justice Court apart |
| Oregon Judicial Department estate forms (courts.oregon.gov) | The free statewide Simple Estate Affidavit packet with instructions and the Claim Against Estate form. Oregon publishes no statewide petition to open a probate |
| Oregon Judicial Department court fees (courts.oregon.gov) | The current fee schedule, effective January 1, 2026, with the ORS 21.170(1) probate tiers that apply in a county court under ORS 21.170(5). The schedule itself is at https://www.courts.oregon.gov/Documents/2026_CircuitFeeSchedule_public_eff-2026-01-01.pdf |
| Oregon Judicial Department records and calendar search (courts.oregon.gov) | The free statewide case index. Useful to know its limits: it covers the Oregon circuit courts, the Tax Court, the Court of Appeals and the Supreme Court, so it does not reach a Gilliam County Court probate, and OJD states that documents are not available through it |
| Seventh Judicial District supplementary local rules (courts.oregon.gov) | The circuit court's local rules for Hood River, Wasco, Gilliam, Sherman and Wheeler Counties, effective February 1, 2026. Read them knowing they are the circuit court's rules: they contain no county-court probate provision, and their probate chapter covers conservatorships of a minor, non-professional fiduciary education and oral objections in protective proceedings |
| Gilliam County Circuit Court (courts.oregon.gov) | The Oregon Judicial Department page for the county's circuit court, at 541-256-1008, PO Box 622, with courthouse hours of 1:00 p.m. to 4:00 p.m. It handles the county's other cases, including name changes, divorce and jury business, not probate |
| Gilliam County Justice Court (gilliamcountyor.gov) | The county's justice court, at 541-454-2923, sitting in Arlington through the week and in Condon on Tuesdays. Listed here so no one sends an estate to it: its jurisdiction is traffic, violations, misdemeanor crimes, landlord-tenant and small claims |
| Oregon State Bar, what is probate (osbar.org) | Plain-language explanation of Oregon probate from the state bar. Not a government agency, but a reputable non-government source |
| Oregon State Bar lawyer referral service (osbar.org), 503-684-3763 or 800-452-7636 in Oregon | Referrals to Oregon probate attorneys and the Bar's Modest Means Program, useful in a county with no resident probate bar. The county's own resource directory lists this referral line at 800-452-7636 |
| Legal Aid Services of Oregon, Pendleton regional office (lasoregon.org), (541) 276-6685 or 1-800-843-1115 | The legal aid program whose service area includes Gilliam County, along with Morrow, Umatilla, Union, Wallowa and Wheeler Counties, at its new address, 202 SE Dorion Ave, Ste. #102, Pendleton. Walk-in hours are Tuesday through Thursday, 9:30 a.m. to 11:30 a.m. and 1:30 p.m. to 4:30 p.m., with Mondays and Fridays by appointment. Its published legal areas do not include estates, so ask whether it can take an estate matter |
| Oregon Law Help (oregonlawhelp.org) | Oregon's legal aid information site. It publishes no probate topic, so use it to confirm which legal aid program covers Gilliam County and how to apply |
When to hire an attorney
Many Gilliam County estates are uncontested, and a family that knows what the estate holds can often open one and see it through with limited legal help. Three local facts push the other way, though. Oregon prescribes no petition form (ORS 111.205(2)), so a self-represented filer here is drafting the petition, the order, the notices, the inventory and the accountings from scratch, with no statewide template, no county form and no online docket to check the file against. The court is the Gilliam County Court under ORS 111.075, so a lawyer who has appeared before the County Judge and knows what the County Court Offices expect is worth more here than in a county with a published probate department. And the county's own sources disagree about which counter takes the filing and the payment, which is easier to navigate with someone who files there. Consider counsel when a will is contested or a dispute among heirs is likely, when the estate is insolvent or a creditor is pressing a claim inside the four-month window (ORS 115.005), when wheat ground, rangeland, water rights, wind-lease income, a business or out-of-state property has to be valued, sold or divided, when a conservatorship or guardianship has to run alongside the estate, or where a matter may have to be transferred to the circuit court under ORS 111.115. County staff can explain procedure but cannot give legal advice. Sunset can connect families to a vetted Oregon probate attorney serving Gilliam County.
How Sunset helps
Find the accounts and assets. During estate settlement, Sunset searches more than 2,300 financial institutions and public records to surface bank and credit union accounts, retirement plans, brokerage holdings, life insurance, Gilliam County real property and unclaimed property, so you know the estate's value before you file. That matters here twice over: the petition must state the extent and nature of the assets (ORS 113.035) and the caption must state the value of the estate, because the filing fee is tiered by it (ORS 21.105(1)).
Generate the probate packet. Sunset assembles the paperwork for your route, whether a petition for appointment of a personal representative or a simple estate affidavit, ready to file on paper at the County Court Offices at 221 S. Oregon Street or by mail to Condon.
Find a local probate attorney. When a matter is contested or otherwise calls for counsel, Sunset connects families to a vetted Oregon probate attorney serving Gilliam County.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file for probate in Gilliam County?
At the County Court Offices, in the Gilliam County Courthouse at 221 S. Oregon Street, Condon, OR 97823, by mail or hand delivery. Gilliam is one of six Oregon counties where probate jurisdiction is vested in the county court rather than the circuit court (ORS 111.075), and it is the one of the six that does not route filings to the county clerk: the county's own County Court page states that the County Judge has jurisdiction over probate matters and that probate filings are accepted by mail or hand delivery to the County Court Offices. Call 541-351-9499, or 1-800-568-4558 toll free, with a filing question, and ask who should receive the papers and the check, because the county Service Directory lists probate filing among the County Clerk's services and the county's fee sheet is the Clerk's. File in Gilliam County if the person who died lived here, because that is where the notice to interested persons is published (ORS 113.155(1)), although Oregon's venue rule is broader than that and filing elsewhere is not a jurisdictional defect (ORS 113.015).
The Oregon courts website shows a Gilliam County Circuit Court. Can I file probate there?
No. The Gilliam County Circuit Court is a state court of the Oregon Judicial Department in the Seventh Judicial District, in the same building at 221 S. Oregon St., reachable at 541-256-1008, mailing to PO Box 622, and posting courthouse hours of 1:00 p.m. to 4:00 p.m., Monday through Friday. The county's own Service Directory assigns it name changes, divorce and jury business. It does not handle probate. Probate jurisdiction is in the Gilliam County Court (ORS 111.075). Note that the Seventh Judicial District's supplementary local rules, unlike the rules covering Grant, Harney and Malheur Counties, do not spell that carve-out out, so the statute is what settles it. Send probate to the County Court Offices, not to PO Box 622.
Can I e-file a probate in Gilliam County?
No. OJD eFile, Oregon's statewide electronic filing system, covers the state's circuit courts and the Oregon Tax Court, and the Uniform Trial Court Rules that make e-filing mandatory for Oregon State Bar licensees govern circuit courts (UTCR 21.140(1)). A probate accepted at the Gilliam County Court Offices under ORS 111.075 is outside both, and the county's own instruction is mail or hand delivery. One service does exist and is easy to mistake for e-filing: the County Clerk offers e-recording through six commercial vendors for documents presented for recording in the county's deed records, which is how a deed reaches the record, not how a probate is opened.
How much does it cost to open a probate in Gilliam County?
The fee is statutory and the same in every Oregon county, tiered by the value of the estate: $278 if the estate is worth less than $50,000, $591 from $50,000 to just under $1,000,000, $882 from $1,000,000 to just under $10,000,000, and $1,176 at $10,000,000 or more (ORS 21.170(1); Oregon Judicial Department Circuit Court Fee Schedule effective January 1, 2026). Those tiers apply here because ORS 21.170(5) provides that the fees established under that section apply to county courts exercising probate jurisdiction. A simple estate affidavit is $124 (ORS 21.145(4); ORS 114.515(5)), and Oregon also charges for each annual or final accounting, at $35, $298, $591 and $1,176 on the same value bands (ORS 21.170(2)). Fees are payable in advance and are not refundable (ORS 21.100), there is no local surcharge, and fee waivers and deferrals are available. Confirm the amount and the payee at 541-351-9499.
Does Gilliam County publish a probate fee sheet, and is it reliable?
It does, in an unexpected place, and its estate figures are reliable while its citations are not. The probate and county judicial fees are on page 2 of the County Clerk's fee schedule, linked from the Clerk's page as Recording Fees, marked effective October 1, 2019 inside a sheet dated June 2, 2018. Its estate tiers of $278, $591, $882 and $1,176 and its accounting fees of $35, $298, $591 and $1,176 match ORS 21.170(1) and (2) exactly, and its $124 simple estate line matches ORS 21.145(4), though it uses the older names small estate affidavit and affidavit of claiming successor. But it cites ORS 21.310, which was repealed in 2011, and ORS 21.325, where the current fee sections are ORS 21.145, 21.170, 21.175, 21.180 and 21.258, and it lists certified letters at $3.75 plus $0.25 per page where the current statewide figure is $5 plus 25 cents per page in paper form and $0 electronically (ORS 21.258; Chief Justice Order 23-016). Use the statutory figures and confirm the smaller items at 541-351-9499.
Are there local Gilliam County probate forms?
No. Gilliam County publishes no probate form and advertises none for sale, checked in July 2026 across the county website and its archived pages. Oregon publishes no statewide petition to open a probate either, because no particular pleadings or forms of pleadings are required in the exercise of the jurisdiction of probate courts (ORS 111.205(2)), so the petition, the order, the inventory and the accountings are drafted documents. The Oregon Judicial Department does publish a free statewide Simple Estate Affidavit packet, a Claim Against Estate form and an accounting packet. The forms library also holds a set of forms scoped to Gilliam County, but they are all the circuit court's: continuances, a motion to change the mode of appearance, an oral objection form for protective proceedings, a motion to terminate a guardianship, a declaration of name change and a challenge to garnishment. None of them opens an estate.
How do I look up a Gilliam County probate case?
By calling the County Court Offices at 541-351-9499. There is no online search that reaches these cases. The free Oregon Judicial Department records and calendar search covers the Oregon circuit courts, the Tax Court, the Court of Appeals and the Supreme Court, so it does not include the Gilliam County Court's probate cases, and OJD states that court documents are not available through it in any event. Gilliam County publishes no probate index of its own; its electronic offering is e-recording of documents presented for recording, which is a different record set from the probate file. The County Clerk's page describes the Clerk as custodian of the records and files of the County Court, so you may be directed to the Clerk in Room 200 for a copy.
What hours is the Gilliam County probate counter open, and can I file by mail?
The County Court Offices post Monday through Thursday, 7:00 a.m. to 6:00 p.m., and list no Friday hours (County Court page, verified July 2026), so call 541-351-9499 before driving to Condon. Mail is a normal way to file here: the county says probate filings are accepted by mail or hand delivery, so send the papers to 221 S. Oregon Street, Condon, OR 97823, and ask what the office wants on intake, how it takes payment, and whether it wants the original will mailed or delivered. Three other schedules in the same courthouse are easy to confuse with the probate counter's: the County Clerk in Room 200 is open Monday through Thursday 8:00 a.m. to 5:00 p.m. and Friday 8:00 a.m. to 3:00 p.m., closed for lunch from noon to 1:00 p.m.; the circuit court posts 1:00 p.m. to 4:00 p.m., Monday through Friday; and the Justice Court is open 8:30 a.m. to 4:30 p.m.
Who decides a probate matter in Gilliam County?
The Gilliam County Court, whose judicial work is done by the elected County Judge. An Oregon county court is the county's governing body sitting judicially, and Gilliam County describes its own as a full-time County Judge and two part-time County Commissioners, with the County Judge as chair and as the county's day-to-day administrator, and states that the County Judge has jurisdiction over probate matters. This is not a lesser court: a probate court has the general legal and equitable powers of a circuit court, and its determinations, orders and judgments carry the same validity, finality and presumption of regularity (ORS 111.095). An appeal goes to the circuit court and the Court of Appeals in the manner provided by ORS 5.120 (ORS 111.105(3)), and an individual estate proceeding can be transferred to the circuit court by order of the county court, which is required where the county judge is a party or directly interested (ORS 111.115). The County Court's published first and third Wednesday meetings, in Condon and in Arlington, are its governing body meetings for county business, not a probate docket, so ask at 541-351-9499 how a matter needing the judge's signature or a hearing is handled.
Where is the notice to interested persons published for a Gilliam County estate?
Once, in a newspaper published in the county where the estate proceeding is pending, or in a newspaper the court designates if none is published there (ORS 113.155(1)). Oregon publishes this notice a single time, not once a week for three weeks, and the notice must require all persons having claims to present them within four months after the date of publication. Gilliam County publishes no designated newspaper for probate notices, so ask at 541-351-9499 which paper the County Judge expects and confirm the schedule and the cost with that paper before you rely on a date, because publication starts the four-month claim period (ORS 115.005). Publication is not required where the petition states that no assets are known (ORS 113.155(5)).
Do I have to travel to Condon to settle an estate in Gilliam County?
Usually not more than once, and sometimes not at all. The county accepts probate filings by mail, so the petition and the later filings can go to 221 S. Oregon Street, Condon, OR 97823, and certified copies of the letters can be mailed back, at $5 plus 25 cents per page in paper form or $0 delivered electronically (ORS 21.258; Chief Justice Order 23-016; fee schedule effective January 1, 2026), though the county's own sheet still shows an older figure. What you cannot do is e-file, so plan around the mail and call 541-351-9499 before sending originals. Nothing is published about telephone or video appearances in a Gilliam County Court probate matter, so if a matter needs the judge, ask what the County Judge expects rather than assuming it can be handled from home.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.