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.
A transfer on death deed names a beneficiary who receives Marion 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 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.
The County Clerk charges $86 for the first page plus $5 for each additional page. Recording a 2-page transfer on death deed in Marion County comes to $91.
Marion County accepts electronic recording through Simplifile.
Recording Office Record
Marion County
Address
Phone
Hours
E-recording
Recording fees
| Base fee (first page) | $86 |
| Each additional page | $5 |
ORS 205.320(1)(d)(A); ORS 205.323(1)
Verified September 8, 2026 · Source
Solo PracticeSilverton, OR
Patrick E. Doyle, PC is a solo practice serving Silverton and the Willamette Valley for over 20 years, with a second office in Salem. Practice areas include estate planning, probate, trust administration, guardianships and conservatorships, real estate, and business succession.
PracticesEstate PlanningTrust AdministrationProbateConservatorshipand 3 more
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
FirmEugene, OR
Schultz & Associates Law Center assists clients in all areas of estate and legal planning, including Medicaid planning and probate administration in Eugene, Oregon.
PracticesEstate PlanningTrust AdministrationProbateMedicaid Planning
FirmSalem, OR
Serves Marion and Polk counties from downtown Salem, near the Marion County Circuit Court. Handles estate planning, probate, trust and estate administration, guardianships and conservatorships, and estate tax planning.
PracticesEstate PlanningTrust AdministrationProbateWealth Preservation
FirmSalem, OR
Serves Salem and Marion County, and reaches Portland, Tigard, Beaverton, Wilsonville, and McMinnville. Stephanie M. Palmblad drafts wills and trusts and handles probate, settling a family member's estate and petitioning for guardianships and conservatorships. Complimentary consultation.
PracticesEstate PlanningTrust AdministrationProbateConservatorshipGuardianship
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 Marion 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.
