How Do I Avoid Probate in Oregon?

Oregon has no general statute making a payable-at-death provision in a written instrument nontestamentaryORS chs. 59, 78, 93, 111 to 118, 128, 130, 238, 238A, 706, 708A, 723, 731, 743, 743A and 743BVerified Nov 1, 2026View source. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.

An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another29 U.S.C. § 1144(a)Verified Nov 1, 2026View source. A retirement account with no beneficiary named is part of the probate estate.

Survivorship title in Oregon: Oregon has two survivorship vestings in real property: a tenancy by the entirety, which a conveyance to spouses married to each other creates unless it says otherwise, and a declared right of survivorship, which creates a tenancy in common in the life estate with cross-contingent remainders. Joint tenancy in real property is abolished except for trustees and personal representativesORS 205.130(2)(c); ORS 432.355; ORS 93.180Verified Oct 26, 2026View source. Oregon recognizes the transfer on death deedORS 93.948 to 93.979Verified Oct 17, 2026View source: the home passes to the named beneficiary at the owner's death without probate. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.

In Oregon, no transfer on death designation is titled on a vehicle. A vehicle in the owner's name alone is part of the probate estate; one titled in a revocable trust passes under the trust's terms.