A clear estate plan spares the people you love confusion, cost, and conflict at the worst possible time. We build wills, trusts, and directives that fit Oregon law — and we stand beside personal representatives and trustees when it's time to settle an estate. Based in Medford, serving clients across Oregon.
Estate planning is not only for the wealthy, and probate is not only for the unprepared. In Oregon, the choices you make — or don't make — decide who manages your affairs if you can't, who inherits your property, and how much time and expense your family spends settling things after you're gone. Below is a plain-English guide to how Oregon handles wills, trusts, probate, and estate tax, and how we help.
A will lets you decide who receives your property, name a guardian for your minor children, and choose the person who will settle your estate. Oregon's rules for making a valid will are specific. Under ORS 112.235, a will must be in writing — Oregon does not currently recognize electronic or video wills — and it must be signed by you (or by someone signing at your direction) in front of witnesses. At least two witnesses must see you sign or acknowledge the will and then sign it themselves.
A will is not invalid simply because one of your witnesses is also named to inherit, but careful execution still matters: a will that isn't signed and witnessed correctly can be challenged or thrown out. We prepare clear, properly executed wills and explain how yours fits together with your accounts, real estate, and beneficiary designations so nothing works against your wishes.
A revocable living trust is a tool many Oregon families use to keep their estate out of probate. Oregon's trust law is found in the Oregon Uniform Trust Code, ORS chapter 130, which governs how trusts are created and administered and what duties a trustee owes. When a trust is set up and "funded" correctly, your successor trustee can gather your assets, pay debts and taxes, and distribute everything to your beneficiaries privately — without a court case and without the public record that probate creates.
The catch most do-it-yourself trusts miss is funding. A trust only controls the assets that are actually retitled into it. If your home or accounts are left in your own name, they may still go through probate even though you signed a trust. We help you create the trust and complete the funding step so the plan actually works the way it's meant to. For families with larger estates, a child with special needs, charitable goals, or asset-protection concerns, we also design irrevocable and specialized trusts and explain the trade-offs in plain terms.
Planning isn't only about death — it's about what happens if you're alive but unable to manage your own affairs. A financial power of attorney lets someone you trust handle your money and property. Under ORS 127.005, a written power of attorney in Oregon is durable by default, meaning it keeps working even if you later become incapable, unless the document says otherwise. You can also make it "springing," so it takes effect only if and when you become incapacitated.
An advance directive (governed by ORS chapter 127) appoints a health-care representative and records your treatment wishes, so the people you trust — not a court — make medical decisions if you can't speak for yourself. The official forms are published by the Oregon Health Authority, and the directive must be properly witnessed or notarized to be valid. We prepare durable powers of attorney and Oregon advance directives as part of a complete plan.
If you die without a valid will, Oregon law decides who inherits — not you. These "intestate succession" rules are set out in ORS chapter 112. The outcome surprises many families. Under ORS 112.025, if you leave a surviving spouse and all of your children are also your spouse's children, your spouse inherits everything. But in a blended family — where you have a child who is not also your spouse's child — your spouse takes only one-half and your children share the rest. Legally adopted children inherit the same as biological children; stepchildren and foster children who were never legally adopted do not inherit through intestacy. A will (or a trust) lets you choose a different result that fits your actual family.
Probate is the court process for settling an estate. Oregon's probate rules run across several statutes — ORS chapters 113 through 116 — covering everything from opening the case to final distribution. An interested person petitions the circuit court to admit the will and appoint a personal representative (Oregon's term for an executor or administrator). Under ORS 113.085, the court gives preference to the personal representative named in the will, then to the surviving spouse or their nominee, then to other heirs.
One step that drives the timeline is the creditor-claim window. The personal representative publishes notice to creditors, and under ORS 115.005 creditors generally must present their claims before the later of four months after the first published notice, or — for a known creditor who is sent direct notice — 45 days after that notice is delivered. Because of this four-month period plus inventory, tax, and accounting steps, an uncontested Oregon probate commonly takes several months to a year or more. We guide personal representatives through the entire process — court filings, notifying heirs and creditors, paying valid claims and taxes, and final distribution — so deadlines are met and nothing slips.
Not every estate needs full probate. Oregon offers a streamlined simple estate affidavit (ORS 114.510 and ORS 114.515) for smaller estates, which can save significant time and expense.
Under ORS 114.510, an Oregon estate can use the simple-estate affidavit when no more than $75,000 of fair-market value is personal property and no more than $200,000 is real property — a combined ceiling of roughly $275,000, measured without subtracting debts or liens. The affidavit cannot be filed until 30 days after death. These dollar limits are raised by the legislature from time to time, so we confirm the current figures before filing — but for many ordinary estates this avoids a full probate case entirely.
When someone who created a trust passes away, the successor trustee has real legal duties under ORS chapter 130 — including the duty to administer the trust in good faith and the duty of loyalty to act solely in the beneficiaries' interests. That means accounting to beneficiaries, paying debts and taxes, and distributing assets correctly. Trustees who get this wrong can face personal liability. We advise trustees on their responsibilities and help resolve disputes — over capacity, undue influence, or ambiguous terms — when they arise.
When an adult can no longer safely manage their health or finances, or a minor needs a legal protector, Oregon's protective-proceedings law (ORS chapter 125) provides two tools: a guardianship (authority over the person) and a conservatorship (authority over the financial estate). These cases are usually filed in the county where the person lives, and the court keeps ongoing oversight, including annual reporting by the fiduciary. We petition for guardianship or conservatorship and help fiduciaries meet their continuing duties to the court.
Oregon's estate tax is one of the most important — and most misunderstood — reasons to plan ahead. The threshold is far lower than the federal estate tax, so families who don't consider themselves wealthy can still owe it.
Under ORS chapter 118, Oregon imposes an estate transfer tax on estates of $1,000,000 or more, with graduated rates from 10% up to 16%. The Oregon estate tax return (Form OR-706) is generally due about 12 months after the date of death. The $1,000,000 threshold is fixed — it is not adjusted for inflation — so between a home, retirement accounts, and life insurance, many middle-class Oregon estates reach it. Importantly, Oregon has no separate inheritance tax (a tax on the people who receive the money). Thoughtful planning can reduce or even eliminate the Oregon estate tax for many families, which is exactly why it pays to plan before it's an emergency.
You get a lawyer who explains your options in plain English, drafts documents carefully, and prepares every matter as if it could be challenged — because preparation protects your family. Whether you need a first will, a trust to keep your estate out of probate, help settling a loved one's estate, or a plan to manage the Oregon estate tax, we'll tell you honestly what you need and what you don't.
This page is general information, not legal advice. Oregon law changes and every situation is different — please talk with an attorney about your specific circumstances. Request a free, confidential consultation or call (458) 666-3193.
