Probate in Benton County

Probate Court Record

Benton County Circuit Court

Benton County · 21st Judicial District

Hours

Monday-Friday 8:00 AM-noon and 1:00 PM-5:00 PM

Office

120 Northwest 4th Street, Corvallis, OR 97330

Files probate

Probate

Filing in person

Walk-ins accepted

Self-represented filing

Allowed

Self-help forms

How to file probate in Benton County →

Verified October 16, 2026 · Source

Do I need a lawyer for probate in Benton County? →Settling an estate in Benton County →

Estate Law Firms Serving Benton County

Tom Hoyt practices from Eugene, serving Lane County families through the Lane County Circuit Court. Handles wills and trusts, probate and estate administration, and contested estate matters, alongside business and real estate work. The firm keeps no website; reach it by phone.

Solo PracticeEstate PlanningTrust AdministrationProbateEstate Disputes

Collier Law is a locally-owned Salem firm specializing in estate planning, living trusts, and probate. The firm develops long-term relationships with clients and provides a warm, calming environment for estate planning discussions. Spanish speaking attorneys and staff available.

Free consultationEstate PlanningTrust AdministrationProbateConservatorshipGuardianshipLiving Trusts

Serves Linn, Benton, Marion, Polk, and Lincoln counties from Albany. Handles wills and trusts, powers of attorney, probate and estate administration, estate litigation, and guardianship and conservatorship petitions. Offers a free 30-minute initial consultation.

Free consultationEstate PlanningTrust AdministrationProbateConservatorshipGuardianshipWills

Serves Florence and the central Oregon coast, in Lane County. Laurel Ferguson handles estate settlement, trust administration, and estate planning, including review of existing documents, property disposition, tax questions, and long-term care and Medicaid planning. She has owned the firm since 2020; founder Jane Hanawalt retired at the end of 2025. Complimentary initial consultation.

Free consultationEstate PlanningTrust AdministrationProbateWills

All 17 Oregon estate law firms serving Benton County →

Forms for Planning and Settling an Estate in Oregon

Free Oregon forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Oregon.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Last Will and Testament

In Oregon, a will is signed before 2ORS 112.235Verified Oct 19, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitORS 112.235Verified Oct 19, 2026View source.

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Healthcare Power of Attorney

Oregon allows a choice for a healthcare power of attorney: 2ORS 127.527 (HCR appointment), ORS 127.529 (comprehensive advance directive; form text set by 2021 c.328 §2 / SB 199 2021)Verified Oct 15, 2026View source witnesses or a notary.

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Financial Power of Attorney

Oregon treats a power of attorney as durable by defaultORS 127.002 (defs; 2023 c.9 §8); ORS 127.005–127.045 (2009 c.46; 2018 c.36; 2021 c.272); ORS 93.670Verified Sep 20, 2026View source, and it is signed with no witness or notary requirementORS 127.002 (defs; 2023 c.9 §8); ORS 127.005–127.045 (2009 c.46; 2018 c.36; 2021 c.272); ORS 93.670Verified Sep 20, 2026View source.

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Pour-Over Will

In Oregon, a pour-over will is signed before 2ORS 112.235Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Transfer on Death Deed

In Oregon, a transfer on death deed is signed before a notaryORS 93.948 to 93.979Verified Oct 19, 2026View source, then recorded with the county before the owner's deathORS 93.948 to 93.979Verified Oct 19, 2026View source. Oregon does not recognize a Lady Bird deed.

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Tools for Planning and Settling an Estate in Oregon

Free calculators and checklists to plan or settle an estate in Oregon: will and trust costs, probate, executor pay and taxes. Run each tool for Oregon.

Trust or Will: Which Costs Less?

In Oregon, a will-based plan pays probate attorney fees of typically 2%Modeled estimate under ORS 116.183 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.2%Modeled estimate under ORS 116.183 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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Do I Need a Revocable Trust?

Probate in Oregon takes 4 months to 6 months for a simple estate and charges attorney fees of typically 2%Modeled estimate under ORS 116.183 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.2%Modeled estimate under ORS 116.183 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

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How Much Does Probate Cost?

Probate on a $500,000 estate in Oregon costs an estimated $24,214ORS 116.183 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2%Modeled estimate under ORS 116.183 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.2%Modeled estimate under ORS 116.183 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate under a reasonable-compensation standard.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in Oregon costs an estimated $24,214ORS 116.183 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source and takes 4 months to 6 months for a simple estate, with attorney fees of typically 2%Modeled estimate under ORS 116.183 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.2%Modeled estimate under ORS 116.183 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate. Estates under $75,000ORS 114.510Verified Sep 8, 2026View source can use a small-estate procedure instead.

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How Do I Settle an Estate?

Settling an estate in Oregon: the personal representative files the estate inventory within 90 daysORS 113.165, ORS 113.175Verified Sep 15, 2026View source of appointment; creditors have 4 monthsORS §§ 113.155, 115.003, 115.005, 115.125Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.

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What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in Oregon runs $3,550Estimate: 10 hours at $355, Clio's Oregon Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,325Estimate: 15 hours at $355, Clio's Oregon Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,071Estimate: 3 hours at $357, Clio's Oregon Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,142Estimate: 6 hours at $357, Clio's Oregon Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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