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.
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 Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathORS 93.948 to 93.979Verified Aug 24, 2026View source.
Deeds and other real property documents for Benton County are recorded with the County Clerk at 4500 SW Research Way, 2nd Floor, Suite 200, Corvallis, OR 97333. Phone: 541-766-6756. Hours: Monday - Friday, 8:00 AM - 5:00 PM (recording accepted until 4:15 PM).
Documents submitted by mail go to PO 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.
Benton County accepts electronic recording through Simplifile.
Recording Office Record
Benton County
Address
Phone
Fax
Hours
E-recording
Recording fees
| Base fee (first page) | $128 |
| Each additional page | $5 |
ORS 205.320(1)(d)(A); ORS 205.323(1)
Verified September 8, 2026 · Source
FirmCorvallis, OR
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.
PracticesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation
Solo PracticeEugene, OR
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.
PracticesEstate PlanningTrust AdministrationProbateEstate Disputes
FirmSalem, OR
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.
PracticesEstate PlanningTrust AdministrationProbateConservatorshipand 2 more
FirmSalem, OR
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.
PracticesEstate PlanningTrust AdministrationProbateGuardianshipWills
FirmAlbany, OR
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.
PracticesEstate PlanningTrust AdministrationProbateConservatorshipand 2 more
FirmFlorence, OR
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.
PracticesEstate PlanningTrust AdministrationProbateWills
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.
Data sourced from Oregon statutes and official state code. How we research.
Estate planning articles for Oregon.
Forms and tools for property owners in Benton County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for Oregon.
