Are Beneficiary Designations Protected in Oregon?
Oregon does not revoke an ex-spouse as beneficiary at divorceORS 112.315; ORS 93.981; ORS 107.115(1); ORS 107.118 to 107.131Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
A beneficiary designation on life insurance, a retirement account, a payable-on-death bank account or a transfer-on-death brokerage account decides who receives that asset at death, in Oregon as everywhere. The designation controls over the will or trust, and an outdated one stays in force whatever the other documents say.
No. Oregon does not automatically revoke an ex-spouse as beneficiary on divorceORS 112.315; ORS 93.981; ORS 107.115(1); ORS 107.118 to 107.131Verified Sep 15, 2026View source. Every designation on life insurance, a retirement account and the other assets is updated by hand after a divorce, or the ex-spouse still receives the asset.
Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for an employer-sponsored plan such as a 401(k), a pension or group life insurance: the plan pays the designation on file with the plan administrator, and a qualified plan requires the spouse's consent to name anyone else (Egelhoff v. Egelhoff, 2001; Kennedy v. Plan Administrator, 2009). Oregon sets no spousal-consent requirement of its ownORS 114.600 to 114.725 (elective share; an election, not a consent requirement)Verified Sep 15, 2026View source for an individual account.
Oregon gives inherited IRAs partial protection from creditorsORS 18.358Verified Sep 15, 2026View source; the reach can depend on whether the IRA came from a spouse and whether the case is in state or federal court. After Clark v. Rameker (2014), federal bankruptcy law does not protect an inherited IRA on its own.
No. Oregon does not default to per stirpes for beneficiary designationsORS 112.395 (anti-lapse, wills only); ORS 708A.470(2)(b); ORS 723.480(2)(b); ORS 59.565; ORS 59.580(1); ORS 93.969(1)(a)(B), (1)(b)(B)Verified Sep 15, 2026View source: when a named beneficiary dies before the account holder, the share lapses unless the designation says per stirpes or names a contingent beneficiary.
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Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
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Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn moreForms for Planning Your Estate in Oregon
Free forms for planning your estate in Oregon: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
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.
Healthcare Power of Attorney
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.
Financial Power of Attorney
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.
Transfer on Death Deed
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.
Tools for Planning Your Estate in Oregon
Free tools for planning your estate in Oregon: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable 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 and a simple will $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 $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Oregon, four years at a public university cost about $107,240NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; the state levies an estate taxORS 118.010Verified Sep 15, 2026View source above $1,000,000ORS 118.010Verified Sep 15, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Oregon costs an estimated $24,214ORS 116.183 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2%ORS 116.183 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.2%ORS 116.183 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Oregon, a surviving spouse takes the entire estateORS § 112.025Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationORS § 112.065Verified Sep 10, 2026View source.
How Much Does a Revocable Living Trust Cost?
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.
How Much Does a Will Cost?
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.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
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.
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Oregon Estate Planning Resources
In-depth guides covering Oregon probate laws, trust requirements, and estate planning strategies.