Oregon Estate Planning: Free Wills, Trusts & Calculators

Like all states, Oregon recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2ORS 112.235Verified May 27, 2026 adult witnesses. Oregon doesn't offer a self-proving affidavit at the time you sign your will. Instead, your witnesses may need to provide sworn statements during probate to verify they watched you sign. Keep their contact information current—if they can't be located, proving the will becomes more complicated.

If you die without a will in Oregon, your heirs must survive you by at least 120 hoursORS § 112.025Verified May 27, 2026 to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident.

Smaller estates can use a simplified transfer process that avoids full probate—up to $75,000ORS 114.510 & 114.515 (simple estateVerified May 27, 2026 for personal property or $200,000ORS 114.510 & 114.515 (simple estateVerified May 27, 2026 for real property.

Oregon imposes its own estate tax on estates exceeding $1,000,000ORS 118.010Verified May 27, 2026, with a top rate of 16%ORS 118.010Verified May 27, 2026. This is separate from the federal estate tax and applies at a much lower threshold—the federal exemption is $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Jan 2, 2026. Families with estates near this threshold often use trusts and lifetime gifting to reduce exposure.

Oregon allows transfer-on-death deeds for real estate, enabling property to pass directly to named beneficiaries without probate. This is a significant probate avoidance tool that doesn't require creating a trust. Transferring property into a revocable trust does not trigger a property tax reassessment in Oregon, so property taxes remain at their current level. Oregon fully enforces no-contest clauses in trusts and wills. A beneficiary who unsuccessfully challenges the document can lose their entire inheritance, which strongly discourages frivolous disputes.

Oregon provides a statutory homestead exemption protecting up to $150,000 in home equity from creditors. While not as strong as the constitutional protections in states like Texas or Florida, this still provides meaningful protection for the family home. Executors must publish a notice to creditors, who then have 4 monthsORS 115.005Verified May 27, 2026 to file claims against the estate. Known creditors must also receive direct written notice.

Oregon does not automatically revoke an ex-spouse as beneficiary upon divorce. Without updating beneficiary designations after a divorce, an ex-spouse may still inherit life insurance proceeds and retirement accounts—regardless of what a will says.

Oregon authorizes remote online notarization (RON), allowing trusts, healthcare directives, powers of attorney to be notarized via video call from anywhere. However, wills are excluded from RON and still require in-person notarization.