For most Linn 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 Linn 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 Linn 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.
Skipping this planning step means the Circuit Court decides who receives the property: a simple Oregon probate takes 4+ months and opens with $278 in court filing fees.
A transfer on death deed names a beneficiary who receives Linn 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.
Deeds and other real property documents for Linn County are recorded with the County Clerk at 421 Water Avenue Northeast, Suite 1300, Albany, OR 97321. Phone: 1-541-967-3829. Hours: Monday-Friday 8:30 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 100, Albany, OR 97321.
The County Clerk charges $105 for the first page plus $5 for each additional page. A 2-page transfer on death deed costs $110 to record in Linn County. No transfer tax applies to a transfer on death deed.
Linn County accepts electronic recording through Simplifile.
Recording Office Record
Linn County
Phone
Hours
Office
Website
E-recording
Fax
Recording fees
| Base fee (first page) | $105 |
| 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
FirmLebanon, OR
Morley Thomas Law Firm has served Linn County for over 75 years from its Lebanon office, also acting as city attorney for Lebanon and Scio. Practice areas include wills, trusts, probate, estate planning, real estate, and business law.
PracticesEstate PlanningTrust AdministrationProbateBusiness Lawand 2 more
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
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
FirmAlbany, OR
Weatherford Thompson is Oregon's oldest law firm with continuous family participation, serving Linn and Benton County since 1875. Their trusts and estates attorneys provide sophisticated tax and estate planning, administration of estates and trusts, drafting wills, trusts, business and marital agreements, and formation and administration of charitable entities.
PracticesEstate PlanningTrust AdministrationProbateTax Planningand 2 more
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
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.
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.
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.
In Oregon, a codicil is signed before 2ORS 112.235Verified Oct 19, 2026View source witnesses, like a will.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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.
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.
Estate planning articles for Oregon.
Estate planning articles for Oregon.
