My Home Is in Probate in Clackamas County — What Are My Options?

Losing a family member is hard enough. Discovering that their home — maybe the house you grew up in — is now tangled up in the Oregon probate process can feel overwhelming on top of an already painful time.

If you’re an heir or executor dealing with a probate property in Clackamas County, you’re not alone. It’s one of the most common situations that brings people to consider selling a home they didn’t plan to sell. This post walks through what probate actually looks like here in Clackamas County, how long it typically takes, and what your real options are for the property.

What is probate and why does it affect the house?

Probate is the legal process through which a deceased person’s estate — including any real estate they owned — is validated and distributed. In Oregon, if someone dies owning a home solely in their name with no trust in place, that property generally has to go through probate before it can be sold or transferred to heirs.

The Clackamas County Circuit Court handles probate cases for residents of cities like Milwaukie, Oregon City, Happy Valley, Lake Oswego, and Gladstone. The courthouse is located in Oregon City, and while the staff there are generally helpful, the process itself moves at its own pace regardless of how urgently you need to move forward.

How long does probate take in Oregon?

Oregon has a relatively straightforward probate process compared to some states, but straightforward doesn’t mean fast. A typical uncontested probate in Clackamas County takes somewhere between four months on the short end to a year or more if the estate is complex, creditors are involved, or heirs disagree on what to do with the property.

Oregon does offer a simplified procedure for smaller estates, but if the home has meaningful equity — which most Milwaukie and Clackamas County properties do right now — it will likely go through full probate.

Who is in charge of the property during probate?

The court appoints a personal representative (sometimes called an executor) to manage the estate. If there’s a will, it usually names this person. If there isn’t, the court appoints someone — often a close family member.

The personal representative has a legal responsibility to maintain the property, keep up insurance, and act in the best interests of all heirs. This matters because a vacant house sitting for six to twelve months can deteriorate fast, and the costs come out of the estate.

Can you sell a house that’s in probate in Oregon?

Yes — and in many cases it makes a lot of sense to do so. Selling during probate requires court approval, but it’s a normal part of the process. The personal representative can accept an offer, and the court typically confirms the sale without significant friction as long as the price is reasonable and the heirs are in agreement.

One thing to know: Oregon does not require a court confirmation hearing for every probate sale the way some states like California do. If the personal representative has full authority granted by the court, the sale can often proceed more cleanly.

What are your options for the property?

You generally have three paths:

Keep it. If the heirs want to hold onto the home as a rental or one heir wants to buy out the others, that’s possible. It requires agreement and some legal legwork but it happens.

List it on the market. A traditional sale through a real estate agent is the most common route. You’ll likely get the highest price this way, but it takes time — and you’re managing showings, repairs, and negotiations while also navigating probate paperwork.

Sell it directly for cash. Some sellers in probate situations prioritize speed and simplicity over maximizing price. A direct cash sale means no repairs, no showings, no agent commissions, and a closing timeline that works around the probate process. It’s not right for everyone but for estates that need to close out quickly or properties that need significant work, it’s worth understanding.

A local note

I’m Brett, and I buy homes directly in Milwaukie and throughout Clackamas County. If you’re an executor or heir dealing with a probate property and want to talk through your situation — no pressure, no pitch — feel free to reach out. Sometimes it just helps to talk to someone local who knows the area and has been through the process.

Reach out and let’s talk about your situation →