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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.

Probate Matters

A conservator is a fiduciary who is appointed by a court to protect and conserve the assets of an incapacitated person, or a minor child. Unless the assets of the protected are restricted by the court order, the conservator must be bonded and file annual accounts with the court. The process may be complicated, so you are advised to consult with an attorney.​

Probate of an estate is a legal process that oversees the distribution of a deceased person’s assets. It may or may not be necessary to file an estate depending on the circumstances and the assets of the decedent.  The court is not able to determine the need to file an estate and does not provide forms for filling. The process may be complicated, so you are advised to consult with an attorney. ​

A guardian is a fiduciary who is appointed by a court to protect and care for the health and well-being of an incapacitated person, or a minor child. Annual guardian reports must be filed with the court. The process may be complicated, so you are advised to consult with an attorney.​

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 to download for free in the Forms Library and from the cashier for $5.00.  If you are downloading from the Forms Library, please select the Washington County version of the form.

To file a completed petition for name and/or sex change, or if you have any procedural questions, clerks are available to assist during regular business hours, Monday through Friday 8:00am to 5:00pm. (offices are closed during the lunch hour from 12pm to 1pm)​

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 or a name and sex change simultaneously in any circuit court in Oregon.

A simple estate may be filed if not more than $75,000.00 of the fair market value of the estate is attributable to personal property​, and if not more than $200,000.00 of the fair market value is attributable to real property.  Real property is immovable property such as land and anything attached to the land.

If there is a valid will and the estate’s assets exceed these limits, you may still be able to file a Simple Estate Affidavit if all of the excess value above these limits is awarded by the will to a trust established before decedent’s death.​​
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​Ex Parte.  Appearance before a judge in a probate matter is not required and should be resolved via File & Serve/Odyssey. ​ 

Status Conferences.  When all parties are represented by an attorney, the court will set a status conference on any matter brought before the court to frame the issue, discuss settlement options, and set the appropriate amount of time on the docket.

Hearings.  The probate commissioner sets all hearings regarding probate matters and all inquiries regarding hearings (resets, appearances, settlements, etc.) should be directed to the probate department directly, not chambers.

​Show Cause Hearings/Order to Appear.  If a hearing to show cause, a fiduciary has been scheduled because a deficiency of statutory pleadings has not been filed with the court, the hearing will not be cancelled upon the correction of the deficiency.  Parties must still appear before the court.

FAQs

Guardianships and conservatorships can be complicated. Handling them often requires knowledge about many different rules and laws. It is always best to have a lawyer. And if you don’t have an attorney, it is still always a good idea to consult with one for advice. Court staff are not allowed to give legal advice. If you have any questions about your rights or responsibilities, only an attorney can help.​​

Please contact the Probate Department at 503-846-8888​ Option #3, 2, 2

Copies and certification of documents from a case can be requested through the ​​​​ Washington County Records Department.​​ Copy and certification costs apply.

Fiduciary letters are issued by the Probate department and questions regarding copies of letters should be directed to the Probate Clerk. Certified copies of fiduciary letters will only be issued to the appointed fiduciary or their attorney of record. Copy and certification costs apply.​

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A Court Visitor must be appointed in adult guardianships, and may be appointed in conservatorships and minor guardianships. The Visitor is someone who has training or expertise to evaluate the case. The Visitor makes recommendations to the court regarding the capacity of the respondent, and whether the proposed guardian is appropriate.​

Anyone who is interested in the welfare of the incapacitated person or child may be appointed as guardian and/or conservator. Prospective guardians and/or conservators must tell the court whether or not they have been convicted of a crime, have filed for or received protection under the bankruptcy laws, or have had a license revoked or canceled that was required by the laws of any state for the practice of a profession or occupation.​ Prospective guardians must also sign a consent stating that they are willing to serve.​

The c​ourts provide a very limited number of forms. There are no statewide forms available for most guardianship or conservatorship actions. However, some circuit courts may offer minor guardianship forms, but they are not required to do so. Y​ou should consult with a lawyer whenever you are considering filing a guardianship or conservatorship case. You may find other resources on the website of the Oregon State Bar listed at the end of this document.​​​​

A guardianship or conservatorship case should be filed in the county where the respondent resides or is present.  If the respondent does not reside in this state and is not present in this state, a conservatorship proceeding may be commenced in any county where property of the respondent is located.
Estates and simple estate cases can be filed in the county where the decedent lived, died, or held property. 

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Contact Us

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