Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for legal guidance.
Detailed Answer
After a person dies in Oregon, you must locate the original will or a filed copy and deliver it to the probate court. Under Oregon law, failure to present the original will within four years of the testator’s death renders it inadmissible as proof (ORS 112.320).
Follow these steps to obtain and submit the will during probate administration:
- Locate the Original or Filed Copy
- Search the decedent’s safe-deposit boxes, home files, or personal papers.
- Contact the decedent’s attorney or trust officer if they handled estate planning.
- Check with the circuit court clerk’s office where someone may have deposited it for safekeeping (ORS 112.310).
- Request a Certified Copy (if the Original Is Unavailable)
- Complete the clerk’s request form in person or by mail.
- Include a certified copy of the death certificate and valid photo ID.
- Pay any standard copying and certification fees set by the county clerk.
- File the Will with the Probate Court
- Prepare and sign a petition for probate under oath (ORS 113.095).
- Attach the original will or certified copy to the petition.
- Submit the documents and applicable filing fee to the circuit court clerk in the county where the decedent resided.
- Serve Notice and Publish
- Notify all heirs and beneficiaries within 30 days of filing (ORS 113.045).
- Publish a notice in a local newspaper as required by the court.
Helpful Hints
- Act promptly. Oregon law limits how long you can introduce an original will (ORS 112.320).
- Keep a certified copy of the will when you file the original with the court.
- Verify current fees with the county clerk’s office before submitting documents.
- Review local court rules for specific deadlines and notice requirements.
- Consider consulting a probate attorney to help navigate procedural nuances and avoid delays.