Estate Planning for Marion County, Oregon Property Owners
For most Marion 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 Marion 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 Marion 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, Marion 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 Marion County
A transfer on death deed lets an owner name a beneficiary who receives Marion County property automatically at death, without probate. It is recorded with the County Clerkduring the owner’s lifetime and can be revoked any time.
Before recording, a Oregon transfer on death deed needs notary acknowledgment. The deed must be recorded before the owner's death to take effect.
Where to Record Property Documents
Deeds and other real property documents for Marion County are recorded with the County Clerk at 555 Court Street NE, Suite 2130, Salem, OR 97301. Phone: 503-588-5225. Hours: Monday - Friday, 8:30 AM - 5:00 PM.
Recording costs $86 for the first page plus $5 for each additional page. Page count, cover sheets, and any local transfer-tax add-ons under Oregon law can change the final amount, so confirm the total with the County Clerk before submitting.
Marion County accepts e-recording through Simplifile. E-recording available via Simplifile.
Recording office at 555 Court St NE Suite 2130 (not 100 High St). Fee breakdown: $5 recording + $10 LCP + $10 A&T + $1 OLIS + $60 HAT = $86. Marion has NOT raised its $10 PLC fee post-HB 3175. State capital county.
Marion County's $86 base recording fee sits at the low end of the Oregon range ($81 to $138).
Recording Office Record
County Clerk
Marion County
Address
555 Court Street NE, Suite 2130Salem, OR 97301
Phone
Hours
Monday - Friday, 8:30 AM - 5:00 PM
E-recording
Available via Simplifile
Recording fees
| Base fee (first page) | $86 |
| Each additional page | $5 |
Oregon charges $5 for EVERY page including the first (ORS 205.320(1)(d)(A)) — there is no flat base fee and no "first N pages" threshold. The first page costs more only because flat per-document surcharges are added once per instrument: $76 state minimum ($5 page + $1 OLIS + $10 A&T + $60 affordable housing, per ORS 205.323(1)(a)-(c)), plus this county's local surcharges, for a $86 first-page total. Each additional page is $5. All three state surcharges apply to a TOD deed — it is in none of the ORS 205.323(2)/(3) exemption lists.
ORS 205.320(1)(d)(A); ORS 205.323(1)
Recording office at 555 Court St NE Suite 2130 (not 100 High St). Fee breakdown: $5 recording + $10 LCP + $10 A&T + $1 OLIS + $60 HAT = $86. Marion has NOT raised its $10 PLC fee post-HB 3175. State capital county.
Verified July 14, 2026 · Source
A Living Trust Covers More Than One Deed
A transfer-on-death deed moves a single property. A revocable living trust holds the home, bank and investment accounts, and other assets together, so the whole estate skips the Circuit Court — not just the house. For a Marion County family with more than one major asset, the trust is usually the cleaner plan.
Create a Revocable Trust in 15 minutes
Legal Sources
- ORS 205.320(1)(d)(A); ORS 205.323(1)
Data sourced from Oregon statutes and official state code. How we research.
Frequently Asked Questions
Deeds and other real property documents for Marion County are recorded with the County Clerk at 555 Court Street NE, Suite 2130, Salem, OR 97301. Call 503-588-5225 to confirm current recording procedures.
Recording a deed in Marion County costs $86 for the first page plus $5 for each additional page. Page count, required cover sheets, and any local transfer tax can change the final total.
Marion County accepts electronic recording through Simplifile. E-recording available via Simplifile. Paper recording by mail or in person is also accepted.
The County Clerk is open Monday - Friday, 8:30 AM - 5:00 PM. Reach the office at 503-588-5225. Confirm whether walk-in or mail-in recording is preferred before you go.
Yes. Deeds recorded in Oregon must be signed in front of a notary before the County Clerk will accept them. A transfer-on-death deed follows the same execution rules — see the Marion County signing requirements.
A transfer-on-death (TOD) deed names a beneficiary who receives the property automatically when the owner dies, without probate. The deed is recorded with the County Clerkduring the owner’s lifetime. Start one with the Oregon TOD deed form.
Oregon Estate Planning Attorneys
Find estate planning attorneys serving Marion County by practice area.
Oregon Estate Planning Articles
Estate planning articles for Oregon.
