Detailed Answer

This guide explains, in plain language, what to do if you hold the original will of a deceased person and live outside Oregon but need to submit that will to an Oregon probate court. It assumes the decedent had a connection to Oregon (for example, Oregon was their domicile or they owned property in Oregon). This is general information only and not legal advice.

Step 1 — Confirm the correct probate court

Probate is usually opened in the county where the decedent was domiciled when they died (their permanent home). If the decedent owned real property in Oregon, the county where that property is located may also be the correct place to open probate. To find the right court and local filing requirements, contact the county circuit court clerk in the likely county.

Oregon court and probate information is available through the Oregon Judicial Department’s probate pages: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx. For statute-level authority and to read the Oregon Revised Statutes (ORS), see the ORS landing page: https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx.

Step 2 — Prepare the original will and supporting documents

Before sending anything, gather the documents the court will expect:

• The original will (do not send copies unless the court specifically permits).
• An official copy of the decedent’s death certificate.
• Any information you have about heirs, beneficiaries, and the decedent’s assets (bank accounts, real estate, safe-deposit boxes, etc.).

If the will names a personal representative (executor), that person typically files the petition to open probate. If not, an interested person (heir, beneficiary, or creditor) can file.

Step 3 — Decide how to file from out-of-state

Options when you’re not in Oregon:

• Mail the original will and petition packet to the probate clerk. Many Oregon counties accept wills submitted by mail, but practices vary. Call the specific county clerk to confirm whether they accept mailed originals and their instructions for return of the original will after filing.
• Hire a local Oregon attorney to file for you. An Oregon lawyer can prepare the petition, file the original will, appear in court if needed, and handle local notices and bond requirements.
• Have a local personal representative or agent file on your behalf. If the named executor cannot act, an interested person in Oregon may petition to be appointed and file the will.

If you mail the original will, use a secure delivery method (see “Helpful Hints” below) and include a cover letter with contact information, a self-addressed prepaid envelope for returning the original will after filing (if the clerk will return it), and clear instructions about whom to return the original to.

Step 4 — File the required forms and petition

The court will generally require a formal petition to open probate (often called a Petition for Probate or Petition for Administration), the original will, and a death certificate. The petition asks the court to admit the will, appoint a personal representative, and start administration. The Oregon Judicial Department provides probate forms and general guidance on procedures; check the local county court website for additional required documents and filing fees.

Step 5 — Notice, bond, and administration

After the will is filed and a personal representative appointed, Oregon law requires notice to heirs, beneficiaries, and certain creditors, and may require the personal representative to post a bond. The court will set timelines for creditor claims and other administration tasks. Requirements vary by situation and by county.

Step 6 — If the will was executed outside Oregon

Oregon recognizes wills validly executed under Oregon law, and it also generally recognizes a will validly executed under the laws of the jurisdiction where it was executed, provided the will meets statutory requirements. If you’re concerned about the will’s validity (for example, witness issues), discuss this with an Oregon attorney before filing.

When to get help from an Oregon attorney

Consider retaining a local Oregon attorney if:

• The estate is large or complicated (real property, business interests, out-of-state assets).
• There are multiple potential heirs or likely disputes about the will.
• There are complex tax or creditor issues.
• You do not feel comfortable mailing the original will without local representation.

An Oregon attorney can file the original will, represent the personal representative in court, and ensure notices and bonds comply with Oregon law.

Relevant Oregon law resources

• Oregon Judicial Department — probate program information and forms: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx
• Oregon Revised Statutes (searchable ORS): https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx — search terms: “probate,” “will,” “personal representative,” and “administration of estates.”

Because probate rules and required forms can differ by county, always verify local procedures with the county circuit court clerk where you will file.

Disclaimer

This content is educational only and is not legal advice. Laws change and each case is different. For advice about your specific situation, consult a licensed Oregon attorney.

Helpful Hints

• Call the county probate clerk before sending anything. Ask whether they accept mailed original wills and how they handle returning originals.
• Use a courier with tracking and signature confirmation (for example, certified mail, USPS return receipt, or a private carrier). Keep all tracking numbers and copies of what you send.
• Include a clear cover letter stating your name, relationship to the decedent, contact information, and instructions for the return of the original will.
• Include a stamped, self-addressed envelope for return of the original will, if the clerk will return it after filing. Confirm whether the court will return originals — some courts retain the original will in the file.
• If you are the named personal representative but cannot appear in Oregon, hire local counsel to represent you. A local attorney can be appointed and act on your behalf for filings and hearings.
• Keep photocopies of the original will and all documents you send. If the original will is lost in transit, a copy plus proof of loss may still be usable, but resolving that is more complicated.
• If the estate seems small, ask the clerk about simplified or small-estate procedures that may avoid full probate.
• If witnesses to the will live out of state, their out-of-state testimony does not automatically invalidate the will. Oregon law looks to whether execution met legal requirements; consult counsel if witness issues arise.