Skip to Main Content

Probate

General Information

Filing Fees

Forms, Legal Resources and Reference Materials

Some court approved forms are posted on this site for small estates, name changes, guardianships, conservatorships and adoption.  Some sample forms are also available through stationary stores that sell legal forms, and in legal reference books provided in the Marion County Law Library at 234 High St SE, Salem, (503) 588-5090.  These include:

  • Administering Oregon Estates (Probate and Small Estates)
  • Administering Oregon Trusts
  • Guardianships, Conservatorships and Transfers to Minors
  • Family Law (Chapter 18 Adoptions, Chapter 20, Name Changes)

The following statutes are also available through the law library and through the Oregon Legislature's website:

  • Probate:  ORS Chapters 111 to 117
  • Small Estates:  ORS 114.505 to 114.560
  • Guardianships, conservatorships ("protective proceedings"):  ORS Chapter 125
  • Trusts:  ORS Chapter 128
  • Uniform Transfers to Minors Act:  ORS 126.805 to 126.886
  • Adoptions:  ORS 109.304 to 109.410
  • Voluntary Adoption Registry:  ORS 109.425 to 109.507
  • Wrongful Death:  ORS 30.010 to 30.100

 

SB 238 -- Uniform Adult Guardianship and Protective Jurisdiction Act

The Marion County Circuit Court has adopted policies and procedures for implementation of this Act, which became effective on January 1, 2010. 

Adoption

Conservatorships

Decedent's Estates

Guardianships

HB 2137 -- Confidential Information from DHS

 

In June of 2009, HB 2137 went into effect. It provides that DHS can provide information to the court in a protective proceeding without the authorization of the respondent, but any health, financial etc. info from DHS must be sealed. If the visitor's report contains any info from DHS, the entire report must be sealed. Since DHS encompasses Senior services, services for people with developmental disabilities, and the state hospital (probably not a complete list), a significant number of visitor's reports will contain such information and should be sealed. The bill provides that the person providing the information is supposed to alert the court that it is subject to HB 2137.

Marion County Circuit Court has now adopted a procedure to implement this bill. When a visitor submits a report that contains information from DHS, the visitor will submit with it the HB2137 Notice form. Reports that come in with that notice will be sealed by court staff; only the notice/summary will be subject to public inspection without a court order. Visitors will continue to send reports to parties and their attorneys.

In addition, HB 2137 requires that any person filing any other document (EG, petition, objection) in a protective proceeding that contains confidential information from DHS must alert the court that the document contains protected information. The statute then requires the confidential information, but not the entire document in which it is contained, to be sealed. In order to comply with this provision we will be asking persons filing documents containing confidential information from DHS to file an original, containing all of the information, which will be sealed; AND a redacted copy from which the confidential information has been deleted. The redacted copy will be subject to public inspection. The original document should contain a notation under the title of the pleading as follows: “CONTAINS CONFIDENTIAL INFORMATION FROM DHS. SEAL PURSUANT TO HB 2137”. The redacted copy should contain the following notation wherever information is redacted: [CONFIDENTIAL INFORMATION FROM DHS REDACTED PURSUANT TO HB 2137]. For example, a redacted version of the petition might read as follows:

Respondent is incapacitated. Respondent suffers from the following medical conditions: [CONFIDENTIAL INFORMATION FROM DHS REDACTED PURSUANT TO HB 2137]. Respondent is not eating consistently, and forgets to take her medications.​​​

 

​​

Contact:
Probate Department

Phone: 503.588.5141

Fax: 503.589.3287

Address:
100 High St. NE, Salem

Hours
8:00 a.m. to 12:00 p.m.
1:00 p.m. to 5:00 p.m.