Disclaimer: This information is for educational purposes and does not constitute legal advice.
Detailed Answer
Venue for Opening a Decedent’s Estate
Under Oregon law, you generally petition for probate in the circuit court of the county where the decedent was domiciled at death. See ORS 113.025. If the decedent died outside Oregon, you may open probate in the county containing their Oregon real property (ORS 113.025(3)). A valid will may direct venue; courts usually honor such provisions unless doing so would be unjust.
Hypothetical: Mary Smith lived in Corvallis (Benton County) and left a will naming Benton County as venue. You would file your petition in Benton County Circuit Court.
Venue for Transferring an Estate
If you need to move a pending estate administration to another county—perhaps to consolidate cases or improve access to witnesses—you file a motion under Oregon’s civil venue statutes. The key statutes are ORS 111.035 (change of county for cause) and ORS 111.045 (change of place of trial). The court will grant the motion upon a showing of good cause, such as convenience of parties, witnesses or evidence, or to prevent unfair prejudice.
Before filing a transfer motion, you should:
- Provide notice to all interested persons in the estate.
- Gather documentation of the decedent’s residency or property locations.
- Explain why the current venue is less appropriate than the proposed venue.
Helpful Hints
- Review the decedent’s will for any venue directions before petitioning.
- Obtain a copy of the decedent’s last utility bills, tax records or deed to prove residency.
- Consult the local circuit court clerk for probate filing requirements and fees.
- Consider informal probate procedures for small estates to simplify venue issues.
- Confirm whether any real property in multiple counties requires concurrent or separate filings.