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 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 Marion County are recorded with the County Clerk at 555 Court Street Northeast, Suite 2130, Salem, OR 97301. Phone: 1-503-588-5225. Hours: Monday-Friday 8:30 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 14500, Salem, OR 97309.
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. No transfer tax applies to a transfer on death deed.
Marion County accepts electronic recording through CSC, ePN and Simplifile.
Recording Office Record
Marion County
Phone
Hours
Office
Website
E-recording
Recording fees
| Base fee (first page) | $86 |
| 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
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.
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.
