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Linn County, OR Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | The Circuit Court in Linn County, Oregon's general-jurisdiction trial court and the 23rd Judicial District, a single-county district. Oregon has no separate probate court as an institution; probate jurisdiction in Linn County is vested in the circuit court (ORS 111.075), which handles estates under Title 12 of the Oregon Revised Statutes. The court publishes five circuit judges. It also has an appointed probate commissioner, who under ORS 111.185 may act on uncontested petitions and enter orders admitting wills to probate and appointing personal representatives (Presiding Judge Order 25-001, dated January 15, 2025; ORS 111.175) |
| Filing office | The Office of the Trial Court Administrator, through its Civil Records department, which the court says accepts filings and processes pleadings for probate and guardianship. The court calls its probate staff the Probate Department and names a Probate Clerk: fiduciary letters are issued by the Probate Department, and the court directs questions about copies of letters to the Probate Clerk |
| Courthouse | Linn County Courthouse, 300 SW Fourth Avenue, Albany, OR 97321. The Court Records Office is in Room 107 on the first floor (23rd Judicial District SLR 1.151(1)(a)), and the court's own pages put the cashier window and the Copy Center there too. A secure drop box in the public information area of Room 107 is available until 5:00 p.m. for filings and payments whenever the counters are closed on a day the court is open (SLR 1.151(1)(b)), and the court states that anything placed in it by 5:00 p.m. is date stamped and deemed received and filed that day. A second, payments-only drop box is at the west courthouse entrance for days the building is closed |
| Mailing address | Linn County Circuit Court, PO Box 1749, Albany, OR 97321. The court names mail to that box as one of the three conventional filing routes, alongside the Room 107 cashier window and the drop box |
| Phone | 541-967-3845, which the court publishes as its main line with "option 2 for Departments." Civil Records, the department that takes probate filings, is extension 3 in Room 107. The Copy Center, for certified copies and fiduciary letters, is 541-812-8770. The court publishes no direct probate line, so ask for the Probate Clerk through the department menu |
| No probate mailbox is published. The two department mailboxes the court does publish are [email protected] for records and copy requests and [email protected] for arranging a remote appearance | |
| Fax | None published. The court's site publishes no fax number for any department and the 23rd Judicial District Supplementary Local Court Rules do not mention facsimile filing. File electronically, at the Room 107 cashier window, by mail to PO Box 1749, or through the Room 107 drop box |
| Hours | Three different schedules, and the narrowest one is the one that matters for a new probate. The court is open Monday through Friday, excluding legal holidays, from 8:00 a.m. to 5:00 p.m. The Records and Calendaring counters are open 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. But NEW CASE FILINGS, fee deferrals and fee waivers are accepted only from 8:00 a.m. to 11:30 a.m. and 1:00 p.m. to 4:30 p.m. (Linn County Circuit Court home page, verified July 2026). The court's Civil page states a narrower afternoon end, 3:30 p.m., for a court clerk to review a fee waiver or deferral application in Room 107; both figures are the court's own, so arrive in the morning if you can. The Room 107 drop box takes filings and payments until 5:00 p.m. on any day the court is open |
| 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). A simple estate affidavit is $124 (ORS 21.145(4)). The caption must state the value of the estate (ORS 21.105). Fee waivers and deferrals are available, and in Linn County a court clerk reviews the application at the Room 107 counter, with review by a judge on request taking up to seven more days. Confirm the current schedule with the court |
| Local forms | A short local set, and it is the estate form that makes Linn unusual. In the Oregon Judicial Department forms library Linn publishes its own SMALL ESTATE AFFIDAVIT packet, LIN-Probate-SmallEstateAffidavit.pdf, last updated June 2, 2026: instructions plus the Affidavit of Claiming Successor, captioned for the Linn County Circuit Court. Oregon has only three county-scoped estate forms and this is one of them. The court's own Forms page publishes a guardianship set (guardianship of a minor, guardian report, annual and final accounting and order, objection to petition of guardianship, terminate guardianship) and the court says the Probate Department provides only a limited number of forms. For a full estate the court states plainly that it does not provide forms to begin the case, and Oregon publishes no statewide petition form |
| E-filing | Mandatory for attorneys, optional for everyone else. An active licensee of the Oregon State Bar must file through the statewide electronic filing system, OJD eFile, which is Odyssey File and Serve, unless the document must be filed conventionally or the filer has a waiver (UTCR 21.140(1)), and Linn's own Civil page repeats the rule. Anyone else may register as an authorized filer and e-file, or file conventionally by mail, at the Room 107 cashier window, or through the Room 107 drop box. The original will still goes in on paper (UTCR 21.070(3)(h)), and Linn adds its own deadline: where the will is submitted for admission to probate, the original hard copy must be submitted within seven days of acceptance of the petition. The 23rd Judicial District's current rules publish no SLR 2.501 list of conventional-filing-only matters |
| Case search | Through the statewide Oregon Judicial Department Records and Calendar Search, which gives free access to basic case information for Oregon's circuit courts. It is an index and register of actions: the Oregon Judicial Department states that results provide basic case information, party information, event entries and dispositions, that the display is not the official register record under ORS 7.020, and that documents are not available through it. Linn County publishes a local answer to that gap: two public Oregon Judicial Case Information Network computers in Room 107, where the court says statewide circuit court case information and most filed documents can be reviewed. Copies are ordered from the Copy Center |
| Remote appearance | Available on written request, with published lead times. To use the court's video conferencing system for an appearance you must file a written request at least two business days before the hearing or trial date, giving the case name and number, the date and time of testimony, a contact name, phone and email, and the reason for the request. The court uses WebEx; if you cannot use WebEx, at least ten days advance notice is required, arrangements are made by email to Linn Calendaring, and the court asks for up to two weeks to test a connection (Linn County Circuit Court Technology page, verified July 2026) |
| Website | https://www.courts.oregon.gov/courts/linn/programs-services/Pages/CivilProbateGuardianship.aspx |
Before you begin — know the assets and liabilities
The first Linn County question is not which form to use, it is what the estate holds and who is entitled to what. Oregon prescribes no pleading forms for probate, because "No particular pleadings or forms of pleadings are required in the exercise of jurisdiction of probate courts" (ORS 111.205(2)), and Linn says the same thing in its own voice: the court does not provide forms to begin a full estate proceeding, and most filers will need to work with an attorney to file a petition and a limited judgment of appointment before letters testamentary or letters of administration are issued. The petition you draft has to state the facts relied on to establish venue, the heirs and devisees with addresses, a statement that reasonable efforts have been made to identify and locate all heirs, and the extent and nature of the estate's assets so the court can set the bond (ORS 113.035).
That last item carries real weight in Linn County, because the court publishes what it will do with the number. It generally requires a fiduciary to be bonded for the full amount of the assets to be administered plus the annual income expected to be received, and it will waive bond only on consent and adequate assurance of protection for all interested parties, which in an intestate estate means consents from all heirs plus an affidavit about the estate's creditors. So before you file, identify every bank and credit union account, brokerage and retirement account, life insurance policy, vehicle, business interest and parcel of Linn County real estate, along with every debt, and identify each heir and devisee by name and address. That inventory decides three things at once here: which Oregon route fits, which fee tier the caption must state (ORS 21.105), and how large a bond the court will require. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Circuit Court in Linn County serves all of Linn County from a single courthouse in Albany, and it hears probate for a Linn County decedent. There is no branch or satellite filing counter. The communities it covers run from Albany and Millersburg on the Willamette River east through Tangent, Lebanon, Sweet Home, Brownsville, Halsey, Harrisburg, Scio, Sodaville, Waterloo and Idanha to the crest of the Cascades, plus the unincorporated county. Linn is the whole of the 23rd Judicial District, so no other county's court shares its staff or its rules.
The building is the Linn County Courthouse, 300 SW Fourth Avenue, Albany, OR 97321 (23rd Judicial District SLR 1.151(3)), built in 1940. Everything a probate filer needs is on the first floor: Room 107 holds the public counter, the cashier, the Copy Center, the drop box and the two public case-lookup computers. Calendaring is in Room 300. Mail goes to a post office box rather than the street address: Linn County Circuit Court, PO Box 1749, Albany, OR 97321. Note that land records and deeds are not court records; those are with the Linn County Clerk's Office, which the court gives as 541-967-3831, and that is where a deed transferring estate real property is recorded.
Oregon's venue rule is unusually broad, so it is worth knowing what it does and does not permit. 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 is commenced, in the county where the decedent died, or in the county where a personal injury or wrongful death claim could be maintained (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)). If proceedings are commenced in more than one county, all but the first are stayed until venue is determined, and the court may transfer a proceeding where the best interest of the estate requires it (ORS 113.025).
The jurisdiction process
- Confirm that Linn County is the right county. Linn is the practical choice when the decedent was domiciled or kept a place of abode here at death; the other statutory grounds are property located here, death here, or a personal injury or wrongful death claim that could be brought here (ORS 113.015(1)). Everything is filed at the Linn County Courthouse, 300 SW Fourth Avenue, Albany, and there is no second location.
- Choose the route. A probate proceeding is commenced by filing a petition (ORS 111.205(1)): with a will, the petitioner asks the court to admit the will and appoint a personal representative, who receives letters testamentary; with no will, the petition asks for appointment and letters of administration, and the court appoints in the statutory preference order, beginning with the personal representative named in the will and then the surviving spouse or the spouse's nominee where the spouse is a distributee (ORS 113.085(1)). Linn states the distinction on its own probate page and adds the warning that matters here: filing a small estate affidavit does not result in the issuance of formal letters. For a modest estate the simple estate affidavit route under ORS 114.505 to 114.560 reaches real property as well as personal property; the routes and their value caps are covered on the Oregon state page.
- Draft the documents, because neither Oregon nor Linn County supplies them for a full estate. "No particular pleadings or forms of pleadings are required in the exercise of jurisdiction of probate courts" (ORS 111.205(2)), there is no statewide petition, inventory or letters form, and Linn's own page says the court does not provide forms to begin these types of cases and that most filers will work with an attorney on the petition and the limited judgment of appointment. 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. Where you submit a motion with a proposed order, the order must contain enough information to identify the motion ruled on, reciting the name of the motion, the party who filed it and the date it was filed (SLR 2.115).
- File, and mind the acceptance window. An Oregon State Bar licensee must file electronically through OJD eFile, the statewide Odyssey File and Serve system, unless the document must be filed conventionally or a waiver has been granted (UTCR 21.140(1)). Anyone else may register and e-file, or use one of the three conventional routes the court names: mail to Linn County Circuit Court, PO Box 1749, Albany, OR 97321; the cashier window in Room 107; or the secure drop box in the public information area of Room 107, available until 5:00 p.m. (SLR 1.151(1)(b)), with the court stating that anything placed in it by then is date stamped and deemed filed that day. New case filings are accepted at the counter only from 8:00 a.m. to 11:30 a.m. and 1:00 p.m. to 4:30 p.m., which is narrower than the court's 8:00 a.m. to 5:00 p.m. day. If you want a conformed or time stamped copy back, submit the copy marked "copy" in the top right corner with a self-addressed stamped envelope (SLR 1.161).
- Get the original will to the court on paper, within seven days. A document required by law to be filed in original form cannot be e-filed (UTCR 21.070(3)(h)); where an original must accompany an e-filed document, e-file an image, note it in Filing Comments, and deliver the original within seven business days, and the original is treated as filed on the date the image was e-filed. Linn publishes its own deadline on top of that: in testate cases where the decedent's last will is submitted for admission to probate, the original hard copy of the will must be submitted within seven days of acceptance of the petition.
- Pay the fee. The fee to open a probate is tiered by the value of the estate: $278 under $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). The caption must state the value of the estate, and if an amended pleading raises the value the court collects the difference (ORS 21.105). A simple estate affidavit is $124 (ORS 21.145(4)). Fees are payable in advance and are not refundable (ORS 21.100), and Oregon counties add no local filing surcharge. If you cannot pay, a court clerk in Room 107 reviews a fee waiver or deferral application during the acceptance hours, review by a judge on request may add about seven days, and proof of public assistance should come with the application. A deferred balance not paid in full within 30 days draws a payment schedule fee of $50 on balances of $149.99 or less, $125 on balances of $150 to $399.99, and $200 on balances of $400 or more (Linn County Circuit Court Civil page, verified July 2026).
- Let the matter be reviewed. Linn County probate cases are managed administratively by the probate administrative judge until a case becomes contested, at which point it is assigned to an individual judge for management (Linn County Probate Case Flow Management Plan, effective June 1, 2015; Linn County Docket Plan, 2018 revision effective July 6, 2018). Uncontested work can move faster than that suggests, because the court has an appointed probate commissioner who may act on uncontested petitions for probate of a will and for appointment of a personal representative and may enter the orders and judgments admitting the will and appointing the fiduciary and setting bond (ORS 111.185; Presiding Judge Order 25-001, dated January 15, 2025). Any interested person may object to a commissioner's order within 30 days, and the judge may set it aside or modify it (ORS 111.185).
- Appear, in person or by request remotely. Hearings on motions and other pretrial matters in civil cases are specially set, and the court sends written notice for matters not set in open court in the presence of the parties (SLR 7.025(1)). To appear by video you must file a written request at least two business days before the hearing or trial date, stating the case name and number, the date and time of testimony, a contact name, phone number and email, and the reason for the request; the court uses WebEx, and if you cannot use WebEx at least ten days advance notice is required with arrangements made by email to Linn Calendaring, allowing up to two weeks to test the connection.
- Receive the letters. The court appoints the personal representative and then issues letters testamentary or letters of administration once any required bond is filed with the clerk of the court (ORS 113.125), and in Linn County the court states that fiduciary letters are issued by the Probate Department. Expect the bond question first: the court generally requires a fiduciary to be bonded for the full amount of the assets to be administered plus the annual income expected to be received, and waives bond only on consents from all interested parties plus assurance that creditors will not be prejudiced. Where assets are restricted instead of bonded, the language of restriction must be in the judgment setting the restriction, the acknowledgment of restriction must be filed within 30 days of entry of the judgment, and court approval by order or judgment is needed before any disbursement, release or sale of a restricted asset (UTCR 9.050). Certified copies of letters, the document a bank or title company asks for, are $5 plus 25 cents per page in paper form on the statewide schedule (ORS 21.258; Oregon Judicial Department Circuit Court Fee Schedule, effective January 1, 2026), come from the Copy Center, and are issued only to the appointed fiduciary or their attorney of record.
- Administer and close, and answer any Courtesy Notice. Deliver the required information to the devisees, heirs and the other persons named in the petition, file proof of that delivery within 30 days of appointment, and send the same information and a copy of the death record to the Department of Human Services and the Oregon Health Authority (ORS 113.145). Publish the notice to interested persons once in a newspaper published in the county (ORS 113.155). File the inventory within 90 days of appointment, valued as of the date of death (ORS 113.165). Make reasonably diligent efforts during the three months after appointment to identify claimants, mail the notice to each known claimant, and file proof of compliance (ORS 115.003). Claims are presented to the personal representative, not filed with the court, and are barred if not presented before the later of four months after publication or 45 days after a required notice was mailed (ORS 115.005). File accountings, which carry their own tiered fee of $35, $298, $591 or $1,176 on the same value bands (ORS 21.170(2); Oregon Judicial Department Circuit Court Fee Schedule, effective January 1, 2026). Then file the final account and petition for a judgment of distribution (ORS 116.083), give notice of the time to object at least 20 days out (ORS 116.093), and take the general judgment of final distribution (ORS 116.113). If you miss any of those deadlines, Linn sends a Courtesy Notice, and if the omission is not cured within 30 days a citation hearing is scheduled.
Executor duties
A Linn County personal representative carries the statewide Oregon duties, which are covered on the Oregon state page: the information to devisees, heirs and state agencies with proof filed within 30 days of appointment (ORS 113.145), publication of the notice to interested persons once in a newspaper published in the county (ORS 113.155), the inventory within 90 days valued as of the date of death (ORS 113.165), the diligent search for creditors and the notice to known claimants with proof of compliance (ORS 115.003), the claim rules (ORS 115.005), annual and final accountings (ORS 116.083), and the general judgment of final distribution (ORS 116.113). Linn County adds a small number of local expectations, and the court publishes them rather than leaving them to be discovered.
Expect to be bonded, and expect the number to be large. The court's own probate page states that it generally requires any fiduciary to be bonded for the full amount of the assets to be administered plus the annual income expected to be received, because the bond protects both the beneficiaries and the creditors of the estate against a breach of the fiduciary's duties. Unless a statute prescribes the circumstances in which bond may be waived, the court requires consent and adequate assurance of protection for all interested parties before it will waive one. In an intestate estate that means consents from all heirs plus assurance that creditors will not be prejudiced by the waiver, usually submitted as an affidavit regarding the estate's creditors. Letters do not issue until any bond the court required is filed with the clerk of the court (ORS 113.125), so this is the step that usually sets the pace.
If assets are restricted instead, follow the restriction mechanics exactly. The court states that where property is to be restricted, the language of restriction must be included in the judgment setting the restriction, and it points to UTCR 9.050 for the form. The acknowledgment of restriction must be filed within 30 days of entry of the judgment, in a form substantially similar to the one UTCR 9.050 provides, and court approval by order or judgment must be obtained before any disbursement, release or sale of a restricted asset or account. A restricted account released without an order is the classic way a Linn County fiduciary ends up in front of a judge.
Answer a Courtesy Notice within 30 days. A missed filing or action draws a Courtesy Notice describing what was omitted and stating that if it is not cured within 30 days a citation hearing will be scheduled. The court warns that the notice system is not a substitute for the fiduciary's own calendaring, so track the statutory dates yourself: the 30-day proof of the information to heirs and devisees, the 90-day inventory, the three-month creditor search with its notice and proof of compliance, and the annual accounting due within 60 days after the anniversary of appointment (ORS 116.083).
Know how to get the letters a third party asks for. Fiduciary letters are issued by the Probate Department, and the court directs questions about copies of letters to the Probate Clerk. Certified copies are requested through the Copy Center in Room 107, at 541-812-8770 or [email protected], and the court will issue certified copies of fiduciary letters only to the appointed fiduciary or their attorney of record. The statewide schedule lists a paper certified copy of letters at $5 plus 25 cents per page (ORS 21.258; Oregon Judicial Department Circuit Court Fee Schedule, effective January 1, 2026). Linn's own published copy schedule lists paper certified copies at $5.00 per document plus $0.25 per page and certified emailed copies at $5.00 per document, waives any request under $5.00, and notes that documents are delivered by encrypted email with a 14-day download window (Linn County Circuit Court Court Records page, verified July 2026); confirm the charge with the Copy Center when you order.
Forms and documents
Probate forms in Linn County
Oregon publishes no statewide petition to open a probate, and that surprises people who expect a fill-in packet. It follows from the statute: "No particular pleadings or forms of pleadings are required in the exercise of jurisdiction of probate courts" (ORS 111.205(2)). The Oregon Judicial Department Forms Center's Estate page publishes the statewide Simple Estate Affidavit packet with its instructions, in English, Spanish and Vietnamese, and a single Claim Against Estate form covering presentation of a claim to a personal representative under ORS 115.005, to a simple estate affiant under ORS 114.540, to a conservator, or to a trustee. A separate statewide page publishes the probate accounting packet. There is no statewide petition, no statewide inventory and no statewide letters form, and the Oregon Judicial Department's Guide and File interactive forms service does not cover probate or simple estates. The Forms Center states its own rule, that any statewide form will be accepted in all circuit courts but statewide forms are not available for all circumstances, and that additional forms may be available through local courts.
Linn County is one of the local courts that has one, and its local form is unusual for Oregon. In the Oregon Judicial Department forms library only three counties publish a county-scoped ESTATE form, and Linn is one of them: LIN-Probate-SmallEstateAffidavit.pdf, last updated June 2, 2026, a packet headed "Linn County Circuit Court Small Estate Affidavit" that contains five pages of Linn County instructions and the four-page Affidavit of Claiming Successor. The current statutory name for that route is the simple estate affidavit (ORS 114.505 to 114.560); Linn's packet still uses the older names, small estate affidavit and affidavit of claiming successor. The packet is a printable PDF, and the court's Forms page adds that you can print any form free and fill it out by hand, or buy a complete packet from the cashier in Room 107.
For everything else, Linn's set is guardianship-side, and the court says so. Its probate page states that the Probate Department provides a limited number of forms for particular filings on its Forms page and that if the form you need is not there you may need to consult an attorney. The Linn-scoped probate forms in the Oregon Judicial Department library are guardianship of a minor, the guardian report, an annual and final accounting and order, an objection to petition of guardianship, and a termination of guardianship, and the guardianship section is the only probate category the court's own Forms page displays. For a decedent's estate the court is direct: it does not provide forms to begin a full estate proceeding, and most people will need to work with an attorney to file a petition and a limited judgment of appointment before letters testamentary or letters of administration are issued. The court's own probate page points readers to the Oregon State Bar for the rest.
Timeline
- Linn County publishes numeric time standards for probate cases. They are goals for the court, not promises to a filer, and they come from the Linn County Probate Case Flow Management Plan, effective June 1, 2015. For small estates the standard is 75 percent resolved within 180 days and 98 percent within 360 days. For uncontested probate estates it is 75 percent within 270 days and 90 percent within 360 days. For contested or complex estates it is 75 percent within 360 days, 90 percent within 540 days and 98 percent within 720 days. The plan defines a complex estate as one that requires the liquidation of real estate or business interests, or whose primary asset is a personal injury claim.
- The plan sets one intermediate standard that matters most to a new personal representative: in 98 percent of uncontested cases, letters of administration should be issued within 90 days. Letters do not issue until any bond the court required is filed with the clerk of the court (ORS 113.125), so the bond is usually what sets the pace.
- An uncontested probate is managed administratively by the probate administrative judge, and the court's appointed probate commissioner may sign the routine uncontested orders and judgments (ORS 111.185; Presiding Judge Order 25-001, dated January 15, 2025). An interested person has 30 days to object to an order entered by the commissioner (ORS 111.185).
- Once a probate case becomes contested it is assigned to an individual judge, and the assigned judge schedules a case management conference within 60 days of assignment, at which deadlines for pretrial issues and for resolution of the case are set and memorialized in an order. If the parties need more time for motions, discovery or negotiation, a final resolution conference is generally set no later than 60 days after the case management conference; otherwise the case is set for trial (Linn County Probate Case Flow Management Plan, effective June 1, 2015).
- Hearings on motions and other pretrial matters in civil cases are specially set, with written notice from the court for anything not set in open court with the parties present (SLR 7.025(1)). Linn publishes no standing probate docket day and no counter wait times.
- If you want to appear by video, start at least two business days before the hearing or trial date with a written request giving the case name and number, the date and time of testimony, a contact name, phone and email, and the reason for the request. If you cannot use the court's WebEx platform, the lead time is at least ten days, arrangements go by email to Linn Calendaring, and the court asks for up to two weeks to test the connection.
- Where assets are restricted in lieu of bond, the acknowledgment of restriction must be filed within 30 days of entry of the judgment setting the restriction, in a form substantially similar to the one in UTCR 9.050, and court approval is needed before any disbursement, release or sale of a restricted asset.
- Miss a deadline and the clock the court starts is 30 days. Linn issues a Courtesy Notice alerting a party that a prescribed deadline for a filing or other action has been missed, describing the omitted filing or action, and stating that if the omission is not cured within 30 days a citation hearing will be scheduled. The court adds that the Courtesy Notice system should not be relied on as a substitute for an adequate case management and calendaring system, so keep your own dates.
- Certified copies and audio take their own time. The court may take up to five court business days to respond to a records request and ten or more court business days to complete some requests, and if the court asks for more information or payment and you do not respond within 60 court business days, the request is closed (Linn County Circuit Court Court Records page, verified July 2026).
Local nuance
Linn County-specific considerations
Linn's first distinctive is that a named probate commissioner can sign the routine orders. ORS 111.175 lets the presiding judge of a circuit court appoint a probate commissioner, and Linn's presiding judge did so by Presiding Judge Order 25-001, dated January 15, 2025, appointing a Probate Commissioner for Linn County to exercise all powers set forth in ORS 111.185. Those powers cover exactly the work an ordinary estate generates at the outset: acting on uncontested petitions for the appointment of a special administrator, for probate of a will, and for the appointment of a personal representative, guardian or conservator, and entering the orders and judgments admitting a will to probate, appointing the fiduciary and setting the bond. Any interested person may object within 30 days and the judge may set aside or modify the commissioner's order. Practically, it means an uncontested Linn County appointment does not have to wait for a judge's calendar.
The second is the Courtesy Notice, which is Linn's own answer to the delinquent filing. The court's probate page explains that Courtesy Notices are issued to alert a party that they have missed a prescribed deadline for a filing or other action, whether the deadline was set by statute or in relation to another action in the case; the notice contains a brief statement of the omitted filing or action and states that if the omission has not been cured within 30 days, a citation hearing will be scheduled. The court adds a caution in the same breath: the Courtesy Notice system should not be relied on as a substitute for an adequate case management and calendaring system. Treat it as a grace period the court is not promising to give you.
The third is the filing window, and it is narrower than every other clock the courthouse publishes. The court is open Monday through Friday, excluding legal holidays, from 8:00 a.m. to 5:00 p.m. The Records and Calendaring counters run 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. But new case filings, fee deferrals and fee waivers are accepted only from 8:00 a.m. to 11:30 a.m. and 1:00 p.m. to 4:30 p.m., and the court's Civil page gives 3:30 p.m. as the afternoon end for a clerk to review a fee waiver or deferral. If you cannot make that window, the secure drop box in the public information area of Room 107 is available until 5:00 p.m. for filings and payments whenever the counters are closed on a day the court is open (23rd Judicial District SLR 1.151(1)(b)), and the court states that anything in it by 5:00 p.m. is date stamped and deemed received and filed that day. A second drop box at the west courthouse entrance is for payments only, on days the building is closed.
The fourth is what the 23rd Judicial District's local rules do NOT say, which is worth knowing because neighbouring Oregon counties differ sharply. Chapter 9 of the current Linn rules, effective February 1, 2026, contains only two rules, SLR 9.081 on oral objections in protective proceedings and SLR 9.082 on the notice of free and low cost services to an alleged incapacitated person, and both are protective proceeding rules under ORS chapter 125. There is no Linn rule imposing fiduciary education on a personal representative, no local rule requiring a self-represented fiduciary to prove competency, no SLR 9.161 making a particular accounting format mandatory, and no SLR 2.501 list of matters that must be filed conventionally. Counties such as Multnomah, Clackamas, Marion, Jackson and Deschutes do impose a fiduciary education requirement on personal representatives; Linn does not. What Linn does publish instead is a practice, not a rule: the bond and asset restriction policy on its probate page and the Courtesy Notice system.
Two smaller Linn facts complete the picture. Where the statute allows oral objections in a protective proceeding, they are made at Room 107 on the first floor of the Linn County Courthouse, where the clerk receives them and, on request, helps reduce them to writing (SLR 9.081). And the court keeps two public Oregon Judicial Case Information Network computers in Room 107, saying that statewide circuit court case information and most filed documents can be reviewed on them for most cases. That is the local way around the free statewide search, which carries no document images.
Small-estate Alternatives
Linn County is one of only three Oregon counties that publishes its own estate form, and it is worth using. The current statutory route is the simple estate affidavit under ORS 114.505 to 114.560; Linn's packet, LIN-Probate-SmallEstateAffidavit.pdf in the Oregon Judicial Department forms library, is still titled "Linn County Circuit Court Small Estate Affidavit" and was last updated June 2, 2026. It runs five pages of Linn County instructions plus the four-page Affidavit of Claiming Successor, captioned for this court. You can print it free, or buy the complete packet from the cashier in Room 107 at the courthouse. The value caps, the waiting period, the four-month claim window and the two-year summary review period are statewide and are covered on the Oregon state page (ORS 114.510; ORS 114.515).
Linn's instructions add four practical points a filer will not find in the statute. The court says the small estate is opened and closed on the day you file, and that you will be given a certified copy of the documents you file, which is the document you then use to collect and transfer the estate's assets. It says there are no letters testamentary or letters of administration issued in this type of proceeding, and repeats the point on its probate page: filing a small estate affidavit does not result in the issuance of formal letters. It requires proof of identification including your current name, a photo and your signature. And it requires the originals, not photocopies, of the certified death certificate and of the will if there was one. Additional certified copies afterward cost 25 cents per page plus a $5.00 certification fee (Linn County Circuit Court Small Estate Affidavit packet, updated June 2, 2026; ORS 21.258). The filing fee is $124 (ORS 21.145(4); Oregon Judicial Department Circuit Court Fee Schedule, effective January 1, 2026).
Recent updates
| Date | Change | Source |
|---|---|---|
| January 15, 2025 | The presiding judge of the 23rd Judicial District appointed a Probate Commissioner for Linn County under ORS 111.175, to exercise all powers set forth in ORS 111.185. That covers uncontested petitions for probate of a will and for the appointment of a personal representative, guardian or conservator, and the orders and judgments admitting the will, appointing the fiduciary and setting bond, so an uncontested Linn appointment need not wait on a judge's calendar. An interested person may object within 30 days. | Presiding Judge Order 25-001, Linn County, courts.oregon.gov/rules |
| February 1, 2026 | The current 23rd Judicial District Supplementary Local Court Rules took effect for Linn County. For estate filers the operative rules are outside chapter 9: SLR 1.151 on the Room 107 counter, the courthouse hours and the 5:00 p.m. drop box, SLR 1.161 on conformed and time stamped copies, SLR 2.115 on motions and proposed orders, and SLR 7.025 on specially set civil hearings. Chapter 9 contains only SLR 9.081 and SLR 9.082, both protective proceeding rules, so Linn imposes no local fiduciary education requirement on a personal representative and publishes no SLR 2.501 list of matters that must be filed conventionally. | Supplementary Local Court Rules, 23rd Judicial District, courts.oregon.gov/rules |
| June 2, 2026 | Linn County's own Small Estate Affidavit packet was updated in the Oregon Judicial Department forms library. Linn is one of only three Oregon counties with a county-scoped estate form. The packet carries five pages of Linn County instructions plus the Affidavit of Claiming Successor, and states that the matter is opened and closed on the day of filing, that the filer is handed a certified copy, that no letters testamentary or letters of administration issue, and that photo identification with a signature, the original certified death certificate and the original will are required. | LIN-Probate-SmallEstateAffidavit.pdf, Oregon Judicial Department Forms Center |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Linn County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | An Albany, Lebanon or Sweet Home home held with a right of survivorship passes to the survivor outside probate, and title is cleared through the Linn County Clerk's Office, which records land deeds, not through the Circuit Court. Accounts and property in the decedent's sole name may still need probate. Where they do, the surviving spouse petitions the Circuit Court in Linn County; the spouse or the spouse's nominee has priority for appointment where the spouse is a distributee (ORS 113.085(1)(b)). Expect the bond question early, because Linn generally requires a bond for the full value of the assets plus expected annual income and waives it only on consents from all interested parties plus a creditor affidavit. If the sole-name property is modest, Linn's own small estate affidavit packet may reach it instead, including real property, but it produces no letters testamentary. | Asset discovery to separate survivorship property from sole-name assets, which is also what sets the fee tier the caption must state and the bond the court will require. Packet generation for the simple estate affidavit or for the petition, the limited judgment of appointment and the proposed letters. Guidance on recording the deed with the Linn County Clerk's Office. |
| Out-of-state adult child, small estate | If the parent lived in Linn County and the estate is modest, a claiming successor may be able to file a simple estate affidavit with the clerk of the probate court in a county with venue, which reaches real property as well as personal property, with real property transferred afterward by recording a bargain and sale deed (ORS 114.555(3)). Linn publishes its own packet for this route and says the matter is opened and closed the day you file, with a certified copy handed back, but it requires the original certified death certificate, the original will if there is one, and photo identification. Where a full probate is needed, the child drafts the petition, e-files as a registered self-represented filer or mails it to PO Box 1749, and gets the original will to the court on paper within seven days of acceptance of the petition. A video appearance can be requested at least two business days ahead, so a hearing does not always mean a trip to Albany. | Asset discovery to confirm what the estate holds and whether the affidavit route reaches it. Packet generation for the affidavit or for the petition and proposed orders, ready to mail or e-file. Attorney referral if the estate turns out to be larger, if bond cannot be waived, or if the matter becomes contested and is assigned to a judge for case management. |
| Parent settling a predeceased child's estate, home must be sold | Probate in the Circuit Court in Linn County. With no will, the parent petitions for appointment and letters of administration and the court appoints in the ORS 113.085(1) preference order; an uncontested appointment may be signed by the court's probate commissioner (ORS 111.185). Bond will be an issue, because waiver in an intestate estate takes consents from all heirs plus an affidavit about creditors, and an asset restriction in lieu of bond requires the acknowledgment filed within 30 days of the judgment and a court order before any sale (UTCR 9.050). The parent files the inventory within 90 days (ORS 113.165), publishes notice once (ORS 113.155), works the creditor search and notice (ORS 115.003), and sells the child's Linn County real estate under the authority the letters give. An estate that requires liquidating real estate is a complex estate under the court's own case flow plan, with a longer time standard. | Asset discovery for the child's accounts, policies, vehicles and Linn County real estate, and for the debts that decide whether the estate is solvent. Packet generation for the petition, the inventory and the accountings. Attorney referral for a disputed sale, an heirship fight, or a bond or restriction fight before the sale can close. |
Self-help resources
| Resource | What it offers |
|---|---|
| Linn County Circuit Court, Civil - Probate and Guardianship page (courts.oregon.gov/courts/linn/programs-services/Pages/CivilProbateGuardianship.aspx) | The court's own probate page and the most useful local document: the bond and asset restriction policy, the Courtesy Notice system with its 30-day cure period, how letters testamentary and letters of administration are obtained and why a small estate affidavit does not produce them, the seven-day paper deadline for the original will, where the limited local form set lives, and how to get certified copies of fiduciary letters through the Probate Clerk |
| Linn County Circuit Court home page and Contact Us and Hours of Operation (courts.oregon.gov/courts/linn) | The court's own hours, and the three of them that differ: the court open 8:00 a.m. to 5:00 p.m., the Records and Calendaring counters 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., and new case filings, fee deferrals and fee waivers accepted only 8:00 a.m. to 11:30 a.m. and 1:00 p.m. to 4:30 p.m. Also the main line 541-967-3845 with option 2 for departments, the Room 107 drop box rule, and the PO Box 1749 mailing address |
| Linn County Circuit Court Civil page (courts.oregon.gov/courts/linn/programs-services/Pages/CivilRecords.aspx) | The filing mechanics: that Civil Records accepts filings and processes pleadings for probate and guardianship, the three conventional filing routes (mail to PO Box 1749, the Room 107 cashier window, and the Room 107 drop box), the e-filing rule for Oregon State Bar members, and how a fee waiver or deferral is reviewed at the counter |
| Linn County Circuit Court Court Records page and Copy Center (541-812-8770, [email protected]) | How to order regular, certified, exemplified and apostille copies from an estate file through the court's online records request form, what each level of certification means, the published copy fees, and the court's own turnaround statement of up to five court business days to respond and ten or more to complete some requests. The Copy Center is in Room 107 on the first floor |
| Linn County Circuit Court Forms page (courts.oregon.gov/courts/linn/help/Pages/Forms.aspx) | The court's local and statewide form library. Its probate section is a guardianship set; there is no form to begin a full estate. The page notes that you can print any form free or buy a complete packet from the cashier in Room 107, and it carries the court's caution to talk to a lawyer if the case involves complicated legal issues |
| Linn County Circuit Court Technology page (courts.oregon.gov/courts/linn/go/Pages/Technology.aspx) | The remote appearance procedure: a written request at least two business days before the hearing or trial date with the case name and number, the date and time of testimony, contact details and the reason; WebEx as the platform; at least ten days notice and up to two weeks of connection testing if you cannot use WebEx; and [email protected] as the mailbox for arrangements |
| 23rd Judicial District Supplementary Local Court Rules, effective February 1, 2026 (courts.oregon.gov/rules) | The rules that govern a Linn County case: SLR 1.151 on the Room 107 location, the counter hours and the 5:00 p.m. drop box, SLR 1.161 on conformed and time stamped copies, SLR 2.115 on motions and proposed orders, SLR 7.025 on civil scheduling, and a chapter 9 that covers only protective proceedings objections and the notice of free and low cost services |
| Linn County Probate Case Flow Management Plan and Docket Plan (courts.oregon.gov/courts/linn/resources/Pages/Case-Flow-Management.aspx) | The court's published time standards for small estates, uncontested estates and contested or complex estates, the goal of issuing letters of administration within 90 days in 98 percent of uncontested cases, the case management conference within 60 days of assignment, and the rule that probate cases are managed by the probate administrative judge until they become contested |
| Public case-lookup computers, Room 107, Linn County Courthouse | Two Oregon Judicial Case Information Network terminals the court provides free to the public, where it says statewide circuit court case information and most filed documents can be reviewed for most cases. This is the local route to documents, because the free statewide search carries no document images |
| Oregon Judicial Department Forms Center, Estate page (courts.oregon.gov/forms/Pages/estate.aspx) | The statewide Simple Estate Affidavit packet with instructions, in English, Spanish and Vietnamese, and the Claim Against Estate form, plus the separate statewide probate accounting packet. There is no statewide petition to open a probate. Linn's own small estate affidavit packet lives in the same library under the file name LIN-Probate-SmallEstateAffidavit.pdf. The pages render their file lists with JavaScript, so open them in a browser |
| Oregon Judicial Department Court Fees and the Circuit Court Fee Schedule effective January 1, 2026 (courts.oregon.gov/Pages/fees.aspx) | The statutory probate filing and accounting fee tiers, the simple estate affidavit fee, appearance and motion fees, and copy and certification charges, with the ORS authority printed beside each line. The Fee Deferral and Waiver packet is in the same Forms Center, and Linn's own Forms page carries a local copy with filing instructions |
| OJD eFile, Odyssey File and Serve (courts.oregon.gov/services/online/Pages/efile.aspx) | Oregon's statewide electronic filing system for the circuit courts. Filing is mandatory for Oregon State Bar licensees (UTCR 21.140(1)) and open to self-represented filers who register as authorized filers, which Linn's own Civil page confirms |
| OJD Records and Calendar Search (courts.oregon.gov/services/online/Pages/records-calendars.aspx) | Free access to basic case information and calendars for Oregon's circuit courts. The Oregon Judicial Department states that results give basic case, party, event and disposition information, that the display is not the official ORS 7.020 register record, and that documents are not available through the service; for documents use the Room 107 terminals, the Copy Center, or a paid OJCIN OnLine subscription |
| Linn County Law Library, 304 Broadalbin Street SW, Albany | Named on the court's own Courthouse Resources page as the county law library, overseen by the Linn County Commissioners Office rather than by the court. Confirm current hours and services with the county before going |
| Legal Aid Services of Oregon, Albany Regional Office (433 Fourth Ave. SW, Albany, 541-926-8678) | The legal aid program that serves Benton and Linn Counties, open Monday through Friday 9:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., with Spanish-speaking staff and free interpretation. Its listed practice areas are family, government benefits, housing, seniors and civil matters, and decedents' estates are not among them, so call and ask before assuming probate help is available. It also runs senior outreach in Albany, Corvallis, Lebanon and Sweet Home |
| Oregon State Bar (osbar.org, 503-620-0222 or 800-452-8260) | The Bar's public "What is Probate?" page and its Wills, Trusts and Elder Law resources, plus the Lawyer Referral Service and Modest Means Program at 503-684-3763 or 800-452-7636. Linn's own probate page lists all of these as its other resources and points readers to the Bar for the forms the court does not provide. The Bar is not a government agency |
| Oregon Law Help (oregonlawhelp.org) | Named on the court's own probate page as free legal information for low-income Oregonians, including family law and protection from abuse. It publishes no probate or estate topic, so use it to find the legal aid program that serves Linn County rather than as a probate guide. The site returns errors to automated fetchers, so open it in a browser |
When to hire an attorney
Linn County's own court tells most estate filers to get a lawyer, and it is unusually direct about it. Its probate page says court staff is not permitted to advise which option applies to a decedent's circumstances and that an attorney is the best resource for that decision, and on full estates it says the court does not provide forms to begin these types of cases and that most likely you will need to work with an attorney to file a petition and limited judgment of appointment before letters testamentary or letters of administration are issued. Counsel makes particular sense in Linn County when bond cannot simply be waived, because the court generally requires a bond for the full value of the assets plus expected annual income and will waive it only on consents from all interested parties plus a creditor affidavit; when assets are to be restricted instead, and the restriction language has to go into the judgment with the acknowledgment filed within 30 days (UTCR 9.050); when the estate is insolvent or its solvency is in doubt; when a will is contested or heirship is unclear, which moves the case out of administrative management and onto an assigned judge with a case management conference; when the estate must liquidate real estate or a business interest, or its main asset is a personal injury claim, which the court's own case flow plan classifies as a complex estate; and when a Courtesy Notice has already issued and a citation hearing is 30 days away. An attorney also brings e-filing with them, since Oregon State Bar licensees must e-file under UTCR 21.140(1). Sunset can connect families to a vetted Linn County probate attorney when the situation calls for counsel.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit union accounts, retirement plans, brokerage holdings, life insurance, Linn County real estate, business interests and unclaimed property, so you know the estate's value before you file. In Linn County, that number does triple duty for estate settlement: it decides the filing fee tier the caption must state (ORS 21.105), it is what the petition must describe so the court can set the bond (ORS 113.035), and the court sizes the bond itself at the full value of the assets plus the annual income expected.
Generate the probate packet. Oregon publishes no statewide petition form and Linn County says plainly that it does not provide forms to begin a full estate, so the paperwork is drafted, not filled in. Sunset assembles the Linn filing: the simple estate affidavit where the estate qualifies, or the petition, the limited judgment of appointment and the proposed letters, with the ORCP 1 E declaration, ready to hand to the cashier in Room 107, drop in the Room 107 box, mail to PO Box 1749, or e-file through OJD eFile.
Find a local probate attorney. When bond cannot be waived, when assets have to be restricted under UTCR 9.050, when a will is contested and the case is assigned to a judge for case management, or when the estate has to liquidate real estate or a business, Sunset connects families to a vetted Linn County probate attorney to file, e-file and appear.
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 probate in Linn County, Oregon?
With the Circuit Court in Linn County, at the Linn County Courthouse, 300 SW Fourth Avenue, Albany, OR 97321. The counter is Room 107 on the first floor, and mail goes to Linn County Circuit Court, PO Box 1749, Albany, OR 97321. Oregon has no separate probate court as an institution; probate jurisdiction in Linn County is vested in the circuit court (ORS 111.075), and the court's Civil Records department accepts filings and processes pleadings for probate and guardianship. Oregon venue is broad, allowing filing where the decedent was domiciled or had a place of abode, in any county where the decedent's property was or is located, where the decedent died, or where a personal injury or wrongful death claim could be brought (ORS 113.015(1)), and filing elsewhere is not a jurisdictional defect (ORS 113.015(2)); in practice you file where the decedent lived, because that is where the notice to interested persons is published (ORS 113.155(1)).
What are the filing hours at the Linn County Courthouse?
Narrower than the courthouse day, so check before you drive over. The court is open Monday through Friday, excluding legal holidays, from 8:00 a.m. to 5:00 p.m., and the Records and Calendaring counters run 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. But new case filings, fee deferrals and fee waivers are accepted only from 8:00 a.m. to 11:30 a.m. and 1:00 p.m. to 4:30 p.m., and the court's Civil page gives 3:30 p.m. as the afternoon cutoff for a clerk to review a fee waiver or deferral application. If you miss the window, use the secure drop box in the public information area of Room 107, available until 5:00 p.m. on a day the court is open (23rd Judicial District SLR 1.151(1)(b)); the court states that filings and payments placed in it by 5:00 p.m. are date stamped and deemed received and filed that day.
Do I have to e-file a probate case in Linn County?
Only if you are a lawyer. An active licensee of the Oregon State Bar must file through the statewide electronic filing system, OJD eFile, which is Odyssey File and Serve, unless the document must be filed conventionally or the filer has a waiver (UTCR 21.140(1)), and Linn's Civil page repeats that rule. Anyone else may register as an authorized filer and e-file, or file conventionally by mail to PO Box 1749, at the Room 107 cashier window, or through the Room 107 drop box. The original will is the statutory exception and must be filed on paper (UTCR 21.070(3)(h)); where it accompanies an e-filed document you may e-file an image, note it in Filing Comments, and deliver the paper original within seven business days. Linn adds a local deadline: where a will is submitted for admission to probate, the original hard copy must be submitted within seven days of acceptance of the petition.
Does Linn County have a probate commissioner or a probate department?
Both, and they are worth knowing about. The court runs a named Probate Department and names a Probate Clerk: its probate page says fiduciary letters are issued by the Probate Department and that questions about copies of letters should be directed to the Probate Clerk. Separately, the presiding judge appointed a Probate Commissioner for Linn County by Presiding Judge Order 25-001, dated January 15, 2025, under ORS 111.175, to exercise all powers set forth in ORS 111.185. A probate commissioner may act on uncontested petitions for probate of a will and for appointment of a personal representative, guardian or conservator, and may enter the orders and judgments admitting a will, appointing the fiduciary and setting bond, which is why an uncontested Linn County appointment need not wait for a judge's calendar. Any interested person may object within 30 days.
How much does it cost to file probate in Linn County?
The fee is statutory and identical 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). The caption must state the value of the estate, and if an amended pleading raises it the court collects the difference (ORS 21.105). A simple estate affidavit is $124 (ORS 21.145(4)). Accountings carry their own tiered fee of $35, $298, $591 or $1,176 on the same bands (ORS 21.170(2)), and any other appearance in a probate proceeding is $281 (ORS 21.135(1) and (2)(g); ORS 21.170(4)). Fees are payable in advance and are not refundable (ORS 21.100), and Oregon counties add no local filing surcharge. A court clerk in Room 107 reviews fee waiver and deferral applications during the acceptance hours.
How long does it take to get letters testamentary in Linn County?
The court publishes a goal rather than a promise, and the plan that carries it is a decade old, so treat the numbers as targets. Its Probate Case Flow Management Plan, effective June 1, 2015, sets an intermediate standard that in 98 percent of uncontested cases letters of administration should be issued within 90 days, alongside overall standards of 75 percent of uncontested probate estates resolved within 270 days and 90 percent within 360 days. Two things drive the actual pace. Letters do not issue until any bond the court required is filed with the clerk of the court (ORS 113.125), and Linn generally requires a bond for the full value of the assets plus expected annual income. And an uncontested appointment may be signed by the court's probate commissioner rather than waiting on a judge (ORS 111.185).
What happens if I miss a deadline in a Linn County probate?
You get a Courtesy Notice and 30 days. The court's probate page explains that Courtesy Notices alert a party that they have missed a prescribed deadline for a filing or other action, whether set by statute or in relation to another event in the case, that the notice states briefly what was omitted, and that if the omission is not cured within 30 days a citation hearing will be scheduled. The court adds that the system should not be relied on as a substitute for an adequate case management and calendaring system, so track the statutory dates yourself: proof of the information to heirs and devisees within 30 days of appointment (ORS 113.145), the inventory within 90 days (ORS 113.165), the creditor search and notice with proof of compliance (ORS 115.003), and accountings under ORS 116.083.
How do I look up a Linn County probate case or get copies?
Start with the Oregon Judicial Department Records and Calendar Search, the free statewide tool for Oregon's circuit courts. It is an index and register of actions, not a document library: the Oregon Judicial Department states that results provide basic case information, party information, event entries and dispositions, that the display is not the official register record under ORS 7.020, and that documents are not available through the service. Linn provides a local answer, two public Oregon Judicial Case Information Network computers in Room 107, where the court says statewide circuit court case information and most filed documents can be reviewed. For copies, use the court's online records request form or contact the Copy Center at 541-812-8770 or [email protected]; the court may take up to five court business days to respond and ten or more to complete some requests. Certified copies of fiduciary letters go only to the appointed fiduciary or their attorney of record.
What probate forms does Linn County provide?
A small set, and one of them is unusual for Oregon. Linn is one of only three counties that publishes its own estate form: LIN-Probate-SmallEstateAffidavit.pdf in the Oregon Judicial Department forms library, headed "Linn County Circuit Court Small Estate Affidavit" and last updated June 2, 2026, containing Linn County instructions and the Affidavit of Claiming Successor. The court's own Forms page otherwise shows a guardianship set: guardianship of a minor, the guardian report, an annual and final accounting and order, an objection to petition of guardianship, and a termination of guardianship. For a decedent's estate the court says the Probate Department provides only a limited number of forms and that it does not provide forms to begin a full estate proceeding. Oregon publishes no statewide petition, inventory or letters form either, because no particular pleadings or forms of pleadings are required (ORS 111.205(2)). You can print any Linn form free or buy a complete packet from the cashier in Room 107.
Can I appear remotely, or do I have to travel to Albany?
Remote appearance is available on request, and Linn publishes exactly how to ask. To use the court's video conferencing system for a court appearance you must file a written request with the court at least two business days before the hearing or trial date, including the case name and case number, the date and time of testimony, a contact name, phone number and email address, and the reason for requesting the remote appearance. The court uses WebEx; if you cannot use WebEx for any reason at least ten days advance notice is required, arrangements are made by email to Linn Calendaring at [email protected], and the court asks for up to two weeks between the request and the hearing so the connection can be tested. Filing itself can be done at a distance by mail or by registering to e-file, with one paper step that cannot be avoided: the original will must reach the court, within seven days of acceptance of the petition.
Does Linn County require a bond to serve as personal representative?
Usually, and the court publishes its policy. It generally requires any fiduciary to be bonded for the full amount of the assets to be administered plus the annual income expected to be received, because the bond protects both the beneficiaries and the creditors of the estate against a breach of the fiduciary's duties. Unless a statute prescribes when bond may be waived, the court requires consent and adequate assurance of protection for all interested parties before waiving; in an intestate estate that means consents from all heirs plus assurance that creditors will not be prejudiced, usually in the form of an affidavit about the estate's creditors. The statutory backdrop is ORS 113.105, and letters do not issue until the bond is filed with the clerk of the court (ORS 113.125). The alternative is restriction of assets: the restriction language must be in the judgment, the acknowledgment of restriction must be filed within 30 days of entry of the judgment, and court approval is needed before any disbursement, release or sale of a restricted asset (UTCR 9.050).
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.