Estate Planning for Lane County, Oregon Property Owners

For most Lane 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 Lane 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 Lane 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, Lane 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 Lane County

A transfer on death deed names a beneficiary who receives Lane 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 Lane County are recorded with the County Clerk at 125 East 8th Avenue, Eugene, OR 97401. Phone: 1-541-682-3654. Hours: Monday-Friday 9:00 AM-noon and 1:00 PM-4:00 PM.

The County Clerk charges $102 for the first page plus $5 for each additional page. Recording a 2-page transfer on death deed in Lane County comes to $107. No transfer tax applies to a transfer on death deed.

Lane County accepts electronic recording through Simplifile.

Recording Office Record

County Clerk

Lane County · Deeds & Records

Hours

Monday-Friday 9:00 AM-noon and 1:00 PM-4:00 PM

Office

125 East 8th Avenue, Eugene, OR 97401

E-recording

available via Simplifile

Fees

Recording fees

Base fee (first page)$102
Each additional page$5
Transfer tax on a TOD deedNo 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 Lane 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

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

See all 17 firms serving Lane County →

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

(2)·

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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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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Free

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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Free

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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Free

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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Free

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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$12/month

Revocable Living Trust

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

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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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