Your Oregon Probate Guides
Two plain-English guides for families who have to settle an estate and sell a house in Oregon: what probate is, and how to sell a home while it's in probate.
Your guides are ready
Thanks for asking for these. I know you're probably reading them during a hard time, so I kept them short and plain. Download both below, read them in any order, and keep them handy for when questions come up.
- What Is Probate? What probate is, who does what, when a house may not need probate at all, and what to do in the first 30 days.
- How to Sell a Home in Probate in Oregon Who can sign, whether you need the court's permission, getting the family on the same page, and how the sale works.
The short version
Probate is the court process that settles someone's estate after they die. In Oregon, the person in charge is called the personal representative, and the court gives them a paper called letters that proves they can act for the estate. The Oregon State Bar says probate takes at least four months, and often longer.
Under Oregon law, a personal representative can generally sell a house without a court order, unless the will, the court, or the way the house was left says otherwise. Your estate attorney is the one who tells you which situation you're in. Ask on day one.
Where I fit in
The attorney handles the legal process. I handle the house: an honest number for what it's worth today, the same information for every heir at the same time, and a sale that follows the court's timeline instead of fighting it. It's the same Seller's Advantage Home Selling System I use on every listing. Read more about probate and trust sales, or my plain-English post on probate real estate in Oregon.
Curious what the house is worth before you decide anything? Ask for a home value report, or get in touch and we'll start with where the estate stands.
More free resources
See every book and guide I've written on the free guides page, or go back to Holli Sells Homes.
These guides are general information about Oregon law as of November 2026, not legal or tax advice. Talk with an Oregon estate attorney and a tax professional about your situation.
Frequently Asked Questions
Do I need the court's permission to sell a house in probate in Oregon?
Generally not. Oregon law lets a personal representative sell estate property without a court order, unless the will, the court, or a specific gift of the house requires approval. Your estate attorney confirms which applies.
How long does probate take in Oregon?
The Oregon State Bar says probate takes at least four months, and longer when property is slow to sell or there are tax questions.
Does every house have to go through probate?
No. A house in a living trust, one with a recorded transfer on death deed, or one owned with a right of survivorship may pass outside probate. Some small estates can use a simpler small estate affidavit.
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