This answer explains, in plain language, what most county probate courts in Oregon expect when someone files to be appointed as a personal representative (sometimes called an executor or administrator) and takes the required oath. It uses a simple hypothetical to show the typical documents you will bring to the probate clerk. This is educational information only and not legal advice.

Typical probate filing scenario (hypothetical)

Hypothetical: Maria has been named as the executor in her brother Tom’s will. Tom died in Oregon. Maria plans to open probate to be formally appointed as personal representative, administer Tom’s estate, and receive letters testamentary. To do that, she must file papers with the county probate court where Tom lived and either sign an oath or file a signed acceptance that includes the oath language.

Core documents most Oregon probate courts require

Below is a practical checklist of the documents you will usually need when applying for appointment and taking the oath in Oregon. Courts may vary slightly by county, so check local court rules or call the probate clerk before you file.

• Original will (if there is one). Bring the signed original will and any codicils. The clerk will often require the original to file and preserve in court files.
• Certified or attested death certificate. A certified copy of the decedent’s death certificate is typically required to open the estate.
• Petition or application for probate / appointment. The formal petition or application asks the court to admit the will (if any) and appoint you as personal representative. Oregon Judicial Department provides standard probate forms and local counties often use similar forms. See Oregon Judicial Department probate forms: https://www.courts.oregon.gov/programs/probate/Pages/forms.aspx.
• Oath or acceptance of appointment. The personal representative must sign an oath promising to faithfully perform duties. Some counties have a specific form titled Acceptance and Oath or Acceptance of Appointment and Oath. The court may administer the oath in person or accept a sworn written oath included with the filing.
• Proposed order appointing personal representative / Letters. A proposed order for the judge to sign that appoints the personal representative and directs issuance of Letters Testamentary or Letters of Administration.
• Bond or bond waiver. Many estates require a surety bond for the personal representative unless the will waives bond or beneficiaries agree to waive it. If bond is required, supply either a completed bond form and surety company information or a written waiver signed by persons entitled to receive notice. If the will waives bond, bring the provision in the will that waives it and any required waivers from heirs/beneficiaries.
• List of heirs and interested persons and addresses. The petition typically requires a list of heirs, beneficiaries, and other interested persons with their current addresses so the court can order notice and let the clerk prepare service lists.
• Notice forms and mailing list. Courts typically expect completed notice-to-creditors and notice-to-heirs forms and a stamped, addressed mailing list so the clerk can mail required notices after filing.
• Copy(ies) of the will for distribution. Bring one or more photocopies of the original will to attach to certain filings and to provide to interested parties as required by the court.
• Filing fee or fee waiver request. Courts charge a filing fee to open probate. Bring payment or, if you cannot pay, a completed fee waiver application if eligible under state/local rules.
• Identification and contact information for the petitioner. The clerk will usually want the petitioner’s name, phone, mailing address, and a photo ID for in-person filing.
• Small-estate affidavit materials (if applicable). If the estate’s assets fall under Oregon’s small-estate thresholds and you qualify for simplified procedures, bring the forms required for a small estate affidavit or collection procedures (check local requirements first).

What happens at filing and when you take the oath

When you file the petition and supporting documents, the clerk will review the paperwork for completeness. If the will is admitted and there are no immediate objections, the judge will sign an order appointing you and the court will issue Letters Testamentary (if there is a will) or Letters of Administration (if intestate). The oath you sign is a sworn promise to perform your duties honestly and to follow the law. If the court requires a bond and it’s not waived, the court will not issue letters until proof of bond is filed.

Important Oregon resources and legal references

• Oregon Judicial Department — Probate forms & instructions: https://www.courts.oregon.gov/programs/probate/Pages/forms.aspx
• Oregon Revised Statutes — browse state law (search for probate, personal representative, bonds, and small estate procedures): https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx

Note: Oregon statutory chapters and local rules govern probate practice. Your county court may have local probate rules or additional checklists; contact the county probate court clerk before filing to confirm local requirements.

Helpful Hints

• Call the county probate clerk ahead of time. Counties sometimes have short checklists or local forms that speed processing.
• Bring the original will. Courts often will not accept a copy in place of the original unless the original is proved lost under special procedures.
• Prepare the mailing list. Provide full, current addresses for heirs and beneficiaries — incomplete addresses delay notice and processing.
• Check whether the will waives bond. If not, be prepared to obtain a surety bond from an insurance company or have beneficiaries sign written waivers.
• Consider using the court’s fillable probate forms. The Oregon Judicial Department page linked above includes common forms to save time.
• Keep copies of everything you file and write the court file number on all papers after you receive it.
• If the estate is small or there are no assets that require full probate, ask the clerk about simplified or small-estate procedures that may avoid formal administration.
• If multiple people want to be personal representative or there is a dispute, consult a probate attorney — filing can become contested and more complex.