Probate

The Probate Department in Washington County cases include: Estate, Affidavit of Claiming Successor (Small Estates), Protective Proceedings (Guardianship and Conservatorship), Name & Sex Change and Trust Proceedings.

While court staff can provide general information about court procedures, ORS 9.160 prohibits court staff from giving legal advice. If you need legal advice, please contact an attorney.

Small Estates

The statute regarding small estates changed effective January 1, 2006 and January 1, 2010. The court does not provide forms; however, the appropriate information may be downloaded based upon the date of decedent's death below:

Prior to January 1, 2006
January 1, 2006 - December 31, 2009
January 1, 2010 or later

Please note the filing of a Small Estate Affidavit does not result in the issuance of Letters Testamentary or Letters of Administration.

Guardianship

Court Visitor Fees:

Court Visitor Fees must be paid immediately upon acceptance of the Petition in File & Serve by calling the Accounting Department at 503.846.8888 Option #3,5,1.

Petition for Appointment of Guardian Indefinite Period $390.00
Petition for Temporary Guardian $390.00
Petition for Appointment of Temporary Guardian AND Guardian Indefinite Period (filed at the same time) $650.00

Once appointed, guardians for adults are required to file a report with the court each year within 30 days of the anniversary of their appointment. The court provides a report form for guardians of adults.

Guardian’s Report
Co-Guardian’s Report

Name Change/Sex Change

Name Change

You must be a resident of Washington County to file a name change in Washington County. Name and sex change instructions and forms are available online for download for free and at our office for a small fee.

To file a completed Petition or if you have any procedural questions, the clerks are available to assist at an Ex Parte Name Change Information Session, Monday – Friday, 8:30 a.m. - 9:00 a.m.

If you are requesting a name change as a result of a marriage you need to contact the Washington County Department of Assessment and Taxation-Recording Section, as well as the institutions where you wish to change your name for their requirements (i.e. DMV, Social Security, U.S. Passport Office).

If your requested name change is the result of a divorce, please check your final dissolution paperwork. In some cases, the spouse’s maiden name will be restored within the final judgment.

If you are requesting a name change for a minor for the purpose of correcting the minor's birth certificate, please contact the Washington County Health and Human Services/Vital Records before filing a name change with the court.

Sex Change

You can file for sex change in any circuit court in Oregon. If you are also asking for a name change, you must file in the county where you live (or where the child lives, if you are filing for a minor). You may file separate name and sex change forms in different counties but you will have to pay filing fees for both. You may need to contact an attorney familiar with Oregon law to complete the necessary documents for a legal change of sex.

Frequently Asked Questions (FAQs)

Probate General Information

General Protocol

How do I get Letters Testamentary or Letters of Administration?

The Court issues "Letters" after formally appointing a personal representative in an estate proceeding. Letters Testamentary are issued in testate cases (where a will has been admitted to probate). Letters of Administration are issued in intestate cases (where the decedent did not have a valid will).

Please note the filing of a Small Estate Affidavit does not result in the issuance of the above formal Letters.

Where do I get Probate forms?

The Probate Department does not provide legal forms with the exception of the yearly report form for guardians of adults. Some forms may be purchased at stationary stores and various legal forms websites or the Washington County Law Library may be able to furnish the forms you are seeking. Court staff cannot determine which forms are appropriate for your needs.

Probate Copy Request

Probate records (including Small Estates), Protective Proceedings, Name and Sex changes may be requested through the Records Department.

Certified copies of fiduciary letters (Testamentary, Administration, Guardianship, Conservatorship) in open cases are issued by the Probate Department and questions regarding these copies should be directed to the Probate Clerk.

Probate Search Request

Request for potential creditor’s claims search must be requested in writing, addressed to the probate department and provide the deceased person’s name, date of death and any other identifying information that may be required to complete the search. Please include a self-addressed, stamped return envelope for return of the search results.

Contact Us

Probate Department
First Floor, Justice Services Building
150 N 1st Avenue
Hillsboro, Oregon 97124
Map