Oregon Probate Court Records

Oregon probate court records are the official documents generated during the legal process of proving a will, identifying and accounting for a decedent's property, and distributing that property to the rightful heirs or devisees. Circuit courts' probate departments maintain these records in accordance with Oregon Probate Law. Most probate court records in Oregon are available to the public upon request. Several individuals, such as creditors, beneficiaries, and family members, search probate records to settle estates, resolve property issues, research family history, or locate assets or tax information.

Are Oregon Probate Court Records Public?

Yes. Per the Oregon Public Records Law, residents can inspect or obtain copies of probate records. Easy access to these records is available online through the Oregon Judicial Department's Online Records Search portal. Interested persons will also need a name or record number to view public probate records through this portal. Also, circuit courts in Oregon comply with the Oregon Public Records Law by accepting requests for probate court records during their regular business hours. However, not all probate records are publicly available in Oregon. Contact the relevant court to inquire about confidential probate records.

Information Contained in Oregon Probate Court Records

Oregon probate files contain a variety of documents, including affidavits, bonds, notices to creditors, letters, decrees, registers, wills, administrations, petitions, inventories of assets, accounts, and court orders. The content of each of these probate documents varies, but most probate records contain the following information:

• The case title, case number, the court's name, case status, case type, and filing date
• The names of the personal representative, objector, heir, and deceased person
• The deceased person's birth year and the names of all the attorneys involved in the case
• The disposition events, including the judgment date, the judicial official's name, and the judgment type.
• All events and hearings about the case
• All financial information associated with the case.

How to Search for Oregon Probate Court Records

The options for finding Oregon Probate court records are as follows:

• The Oregon Judicial Department (OJD): Record seekers can obtain Oregon probate records by submitting a Records Request Form. After receiving the form, the OJD charges $0.25 per page for plain copies and $5.00 per page, plus additional copy fees, for certified copies. Requested records can be delivered by email, mail, or in person. The OJD also permits free access to limited probate information through the Online Records Search portal. Users will typically need a name or record number to locate the record.
• Circuit Courts Probate Departments: Interested persons can visit the circuit court in the county where the probate case was filed to view or obtain copies of probate court records. Requests should be made during regular business hours. Visitors can view probate documents on the kiosk computers without charges. The search parameters are name or record number. Users can print noncertified copies of probate records for 25 cents per page from the computers. They can request certified copies of documents from the records staff for $5.00, plus any applicable copy fees. Requesters can also complete the Records Request Form and mail it, along with the appropriate fees, to the probate department.
• The Oregon State Archives: Residents can order copies of older probate records using an Online Request Form. Those who want to visit the office to obtain records must schedule an appointment by phone at (503) 373-0701 (option 1) or by email at reference.archives@sos.oregon.gov. Appointments are available from Monday to Friday, 8:30 a.m. to 4:30 p.m.

How to Request Oregon Probate Court Records Online

There are several ways of requesting probate court records online in Oregon. The State Judicial Department provides free online access to limited probate case information through the Online Records Search portal. Here is how to locate and conduct a search using the portal:

• Go to the Oregon Judicial Department (OJD) official website.
• Click the "Online Services" tab on the top bar and select "OJD Records and Calendar Search" from the dropdown
• Scroll down and select the "Circuit and Tax Record Search" tab
• Click the "Smart Search tool" and enter a name or record number in the search field.
• Narrow the search by providing additional information like county, case type, or case status.

Individuals who need the full official register for non-confidential probate case types can either subscribe to OJCIN Online or use the courthouse's public terminals. Accessing records through the OJCIN portal requires a paid subscription, while records available at the public terminals can be viewed free of charge.

The Oregon Judicial Department (OJD) also has a Records Request Form that must be completed and submitted online to obtain copies of probate records. Plain copies of the record cost $0.25 per page, while certified copies cost $5.00 plus a per-page copy charge.

Older probate records can be viewed online on the Oregon State Archives' website. Individuals must conduct a search using the Oregon Records Management Solution (ORMS). Public probate information will be available when users enter the appropriate search criteria in the search box.

How to Access Oregon Probate Court Records In Person

Customers can visit the Circuit Court in the county where a probate case was filed to obtain copies of records. All county courts in Oregon offer public-access computers during business hours for searching probate court records. Anyone can use these computers free of charge, although standard fees apply for printed copies. Record seekers can also obtain copies of probate court records from the record staff. They may be required to fill out a request form to facilitate the search. The record will be released once the applicable copy fees have been paid.

The Oregon State Archives also makes older probate court records available in person by appointment. Interested individuals must call the office at (503) 373-0701 or email reference.archives@sos.oregon.gov. Appointments should be made during business hours.

How Long Are Oregon Probate Records Available?

The retention schedule for probate records in Oregon varies depending on the type of record. For example, probate case recordings are only kept for 5 years according to the State Trial Court Records Section 2.3. These recordings are kept until after necessary appeals, reviews, or administrative use, but are generally not considered permanent. The Oregon State Court Records Retention Schedule provides more detailed guidance for specific types of probate records:

• Index to Probate Cases (2.714): Any references in an index to a specific case follow the retention rules of the underlying case. If the case records are permanent, the index references are permanent. Otherwise, they are kept until the corresponding register of actions is discarded.
• Record of Bonds-Probate (Non-OJIN): There is no set retention requirement, and these may be discarded at the court's discretion.
• Record of Wills Admitted to Probate: These records are permanent and are retained until the Oregon State Archives is ready to accept them. Wills deposited with the court for safekeeping are treated as separate entities.
• Probate Register: The retention of the probate register depends on multiple conditions. It can only be discarded once the related WOLFE records' retention period has ended, the case file has been discarded, and either a register entry notes the file's destruction, the register is discarded at the same time, or the presiding judge has authorized its destruction.

State Probate Courts: What You Need to Know

All Oregon circuit Courts have probate departments that handle affidavits of claiming successor (small estates), name and sex change estates, adult and minor guardianships, conservatorships, and trust cases. Records maintained by these departments are generally considered public. Therefore, anyone can access them online through the Oregon Judicial Department's Online Records Search portal or in person at the appropriate courthouse.

The largest probate departments in Oregon are:

Multnomah County Probate Department

Washington County Probate Department

Clackamas County Probate Department

Can You Access Probate Records for Free?

Yes. There are two main ways to access probate records for free in Oregon. The first option is for residents to use the Oregon Judicial Department's Online Records Search portal, which enables them to search for records from home by name or record number. The second option is to visit the circuit court where the case was filed and use the public access terminals to view records at no cost. Enter the appropriate search criteria on the computer to locate the desired record. However, these free options provide limited information on probate. A fee may apply to access comprehensive records or obtain copies, which can be as low as $0.20 per page.

What to Do If You Can't Find a Probate Record

Those experiencing difficulty finding a probate record in Oregon may try the options below:

• Verify that the name used in the search is spelled correctly. If there is still no result, try alternate spellings of names, including common misspellings or abbreviations, as records may have been filed under a slightly different version.
• Consider searching for the probate record in other counties or jurisdictions, especially if the deceased owned property in multiple locations or if they moved during their lifetime.
• Expand or narrow the date range, since probate proceedings might have been delayed or recorded at unexpected times.

Remember that a deceased person's estate may not have gone through complete probate. Small estates may be transferred through an Affidavit of Claiming Successor or a Simple Estate Affidavit, or assets may have been transferred through a living trust, meaning that official probate records may not exist. As a last resort, contact the circuit court in the county where the deceased person resided. They may be able to provide valuable information on where the record might be stored, alternative sources of information, and filing practices.