The Probate Department in Clackamas County handles all estate, protective proceeding, and trust cases.
An estate case (“probate”) is the method by which the property of a deceased person is transferred to others after locating assets and paying debts. Sometimes, property can be transferred without a full probate estate proceeding through what is called a “Simple Estate Affidavit.” Depending on the circumstances of the decedent (deceased person), you may have the option of filing a Simple Estate rather than a full estate. Court staff is not permitted to offer you advice on which option applies to the circumstances of the decedent. A licensed attorney is the best resource for helping you determine the right course of action.
A protective proceeding, such as a guardianship or conservatorship, is similar to an estate case, but is used for a living person who can no longer manage their medical or financial decision-making. If you think a family member or friend is in need of a protective proceeding, the Court strongly encourages you to work with an attorney.
Below you will find answers to some of the Probate Department’s most frequently-asked questions.
Exhibits Information
Documents and physical exhibits should be brought to court, with any required copies for opposing parties and the judge. If you have digital exhibits (video/audio recording) for use as evidence during your upcoming trial or hearing, please file them with the court as much in advance of your hearing as possible. See instructions for in person and remote appearances on the
Exhibits Instructions page.
Additional Resources
Listed below are links to educational materials that may be of assistance to you:
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Oregon State Bar
- Telephone: 503-620-0222, Toll-free in Oregon
1-800-452-8260
- Legal Links
- What is Probate?
- Wills, Trusts and Elder Law Resource Page
- Lawyer Referral Service and Modest Means Programs This service can also be reached by calling 503-684-3763 or toll-free in Oregon 1-800-452-7636.
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Oregon Law Help
Free legal information for low-income Oregonians, including information on family law and protection from abuse.