How Does Step-Up in Basis Work in Oregon?

Inherited assets in Oregon take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular rates.

When someone dies, the cost basis of the property they leave is reset to its fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014. A later sale is taxed on the gain above that stepped-up basis, not above what the original owner paid, so the appreciation of the owner's lifetime is never taxed. The rule is federal and applies in Oregon as in every state.

State capital gains tax is a separate layer from the federal tax. After the step-up, the gain on a later sale faces ordinary income tax at the state's regular rates. Oregon's top marginal income tax rate is 9.9%ORS 316.037Verified Sep 20, 2026View source. The step-up still matters: it sets the gain on which both the federal and the state tax are figured.

For the capital gains tax, inheriting is usually better than receiving a lifetime gift. Inherited property takes a basis reset to fair market value at death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014; a gift carries the donor's original basis26 USC § 1015(a)Verified Sep 15, 2026View source under IRC § 1015. Stock bought for $10,000 and worth $200,000 carries a $190,000 gain to the recipient of a gift and none to an heir. Property held in a revocable living trust still receives the step-up at the grantor's death.

No. Inherited property is treated as held long-term from the date of death26 USC § 1223(9)Verified Sep 15, 2026View source under IRC § 1223(9), whatever the actual holding period, so a sale the day after the inheritance is taxed at the federal long-term rates of 0%, 15%, or 20%IRC § 1(h); IRS Topic No. 409Verified Sep 15, 2026View source on any gain above the stepped-up basis, plus the Oregon layer. Short-term ordinary-income rates never apply.

The new basis is the fair market value on the date of death26 USC § 1014(f), § 6035; IRS Pub. 551 (Basis of Assets); Form 8971 / Schedule AVerified Sep 15, 2026View source, and IRS Publication 551 sets the standard for each asset class: for a publicly traded security the average of the high and low prices that day, for real estate a qualified appraisal as of that date, for a privately held business interest an independent valuation (required where a federal estate tax return is filed). The valuation is what substantiates the basis on Schedule D when the heir sells.

Forms for Planning and Settling an Estate in Oregon

Free Oregon forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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Notice to Creditors

In Oregon, the notice to creditors is published for 1ORS §§ 113.155, 115.003, 115.005, 115.125Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 4 monthsORS 115.005Verified Sep 8, 2026View source from first publication to present claims.

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Renunciation of Executor

In Oregon, a person named as personal representative may renounce the right to serveORS 113.085(1)Verified Sep 23, 2026View source before anyone is appointed.

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Estate Inventory

In Oregon, the personal representative files the estate inventory within 90 daysORS 113.165, ORS 113.175Verified Sep 15, 2026View source of appointment.

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Estate Closing

In Oregon, the personal representative is discharged by court orderORS 116.113, ORS 116.213, ORS 116.208(4)Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.

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Letter of Instruction

Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.

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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.

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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.

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Tools for Planning and Settling an Estate in Oregon

Free calculators and checklists for planning or settling an estate in Oregon: will and trust costs, probate, executor pay, and inheritance taxes.

How Much Are Estate & Inheritance Taxes?

Oregon levies an estate taxORS 118.010Verified Sep 15, 2026View source above $1,000,000ORS 118.010Verified Sep 15, 2026View source (top rate 16%ORS 118.010Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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What Taxes Apply to My Inheritance?

In Oregon, beneficiaries owe no inheritance tax and the estate pays any estate taxORS 118.010Verified Sep 15, 2026View source above $1,000,000ORS 118.010Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.

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What Are the Estate Laws in My State?

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 and takes 4 months to 6 months for a simple estate, with attorney fees of typically 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. Estates under $75,000ORS 114.510Verified Sep 8, 2026View source can use a small-estate procedure instead.

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When Do I Have to Withdraw an Inherited IRA?

See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.

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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.

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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.

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How Many Death Certificates Do I Need?

In Oregon, certified death certificates come from the Oregon Health Authority - Center for Health StatisticsOregon Health Authority - Center for Health StatisticsVerified Oct 15, 2026View source; the first copy costs $25Oregon Health Authority - Center for Health StatisticsVerified Oct 15, 2026View source.

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Do I Need Probate?

In Oregon, estates with personal property of $75,000ORS 114.510Verified Sep 8, 2026View source or less use the Simple Estate AffidavitORS 114.510Verified Sep 8, 2026View source, 30 daysORS 114.510Verified Sep 8, 2026View source after death, a court filing short of full probate.

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Oregon Estate Planning Resources

In-depth guides covering Oregon probate laws, trust requirements, and estate planning strategies.