Evashevski Elliott PC has represented individuals in Oregon's Willamette Valley for more than 25 years in estate planning, probate and trust administration, and trust and estate litigation.
Estate Planning for Benton County, Oregon Property Owners
For most Benton County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Benton County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a Benton County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Benton County property passes through the Circuit Court — even simple Oregon probates run 4+ months and start with $278 in filing fees.
Record a Transfer-on-Death Deed in Benton County
A transfer on death deed names a beneficiary who receives Benton County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.
Before recording, an Oregon transfer on death deed is signed with notary acknowledgmentORS 93.948 to 93.979Verified Oct 19, 2026View source. The deed takes effect only if it is recorded before the owner's deathORS 93.948 to 93.979Verified Oct 19, 2026View source.
Where to Record Property Documents
Deeds and other real property documents for Benton County are recorded with the County Clerk at 4500 Southwest Research Way, 2nd Floor, Suite 200, Corvallis, OR 97333. Phone: 1-541-766-6756. Hours: Monday-Friday 8:00 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 888, Corvallis, OR 97339.
The County Clerk charges $128 for the first page plus $5 for each additional page. Recording a 2-page transfer on death deed in Benton County comes to $133. No transfer tax applies to a transfer on death deed.
Benton County accepts electronic recording through Simplifile, Indecomm, CSC, ePN and ValueCheck.
Recording Office Record
County Clerk
Benton County · Records & Licenses Division
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
4500 Southwest Research Way, 2nd Floor, Suite 200, Corvallis, OR 97333
Website
P.O. Box 888
Corvallis, OR 97339
Fax
1-541-766-6675
Recording fees
| Base fee (first page) | $128 |
| Each additional page | $5 |
| Transfer tax on a TOD deed | No transfer tax applies to TOD deeds |
ORS 205.320(1)(d)(A); ORS 205.323(1)
Verified October 16, 2026 · Source
Estate Planning Attorneys Serving Benton County
Bassinger Hoyt LLC
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.
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.
Evans Batlan Getchell LLC is an estate planning law firm in Salem, Oregon, helping clients create wills and trusts, and providing guidance in probate and trust administration after death.
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.
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.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
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Data sourced from Oregon statutes and official state code. How we research.
Forms for Planning Your Estate in Oregon
Free forms for planning your estate in Oregon: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Oregon.
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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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Free
Codicil to a Will
In Oregon, a codicil is signed before 2ORS 112.235Verified Oct 19, 2026View source witnesses, like a will.
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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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HIPAA Release
In Oregon, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related information and genetic informationOr. Rev. Stat. § 433.045(4)(a); Or. Rev. Stat. §§ 192.535, 192.539 (Oregon Genetic Privacy Act)Verified Jun 20, 2026View source expressly before a provider releases them.
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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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Free
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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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 Your Estate in Oregon
Free tools for planning your estate in Oregon: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Oregon and read its answer.
How Do I Sign Estate Documents?
In Oregon, a will is signed before 2ORS 112.235Verified Oct 19, 2026View source witnesses, and notarization is not requiredORS 112.235Verified Oct 19, 2026View source.
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Will My Estate Documents Transfer?
Oregon recognizes a will signed under the law of the place where it was signedORS 112.255Verified Oct 19, 2026View source; a will signed in Oregon itself needs 2ORS 112.235Verified Oct 19, 2026View source witnesses, and notarization is not requiredORS 112.235Verified Oct 19, 2026View source.
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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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How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living 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 for an individual, against $0 to $549 up front plus a subscription with an online service.
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How Much Does a Will Cost?
An attorney-prepared will in Oregon runs $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 $299 up front with an online service, and probate on a $500,000 estate adds about $24,214ORS 116.183 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source.
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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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How Do I Name a Guardian for My Minor Children?
In Oregon, a parent names a guardian for a minor child in a will or a separate signed writingORS 125.060(2)(g), 125.200, 125.305Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18ORS 109.621 (formerly 109.510)Verified Sep 16, 2026View source.
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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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Oregon Estate Planning Articles
Estate planning articles for Oregon.
