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 →

Trust Administration 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 15 Oregon trust administration 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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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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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.

How Do I Settle a Trust?

Settling a trust in Oregon happens outside court: the trustee acts under the state's Uniform Trust CodeORS 130.001 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.

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What's Fair Trustee Compensation?

In Oregon, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent)ORS 130.635Verified Sep 18, 2026View source unless the trust instrument sets a different amount.

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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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Do I Have to File Tax Returns for Someone Who Died?

Oregon requires a final state income tax return for the decedent alongside the federal Form 1040ORS 316.037Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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How Does Step-Up in Basis Work?

Inherited assets in Oregon take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular rates.

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