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State guide

Oregon

Estate law, probate process, and inheritance rules for Oregon — in plain language.

Probate timeline
9–14 months typical

$3,000–$5,000 typical

Small-estate procedure
Under $275,000 (real & personal combined, indexed)

Small-estate affidavit ORS §114.515

State taxes
Estate tax: Yes — $1MInheritance tax: None

Rate: 10%–16% graduated

Common-law state
Spousal rights in Oregon

Elective share: 33% with descendants

If there is no will (intestate succession)

Spouse + descendants of marriage: spouse takes 100%.

Executor / personal-rep requirements
  • Must be 18+ and of sound mind
  • May be required to post bond unless will waives it
  • Must file inventory of estate assets
  • Must give notice to creditors per statute
Key filing deadlines
  • Will filed within 1 year
  • Estate tax return: 9 months after death
  • Inventory: 60 days after appointment
Common pitfalls in Oregon
  • Oregon estate tax threshold is $1M — among the lowest in the country
  • OR estate tax 'cliff' over threshold
  • Real estate values in metro Portland push many estates over
Recommended actions for Oregon residents
  • Trust planning for any estate > $750K
  • Lifetime gifting strategy
  • Spousal exemption + portability
Statute references
  • ORS Chapter 113-117 (Probate)
  • ORS Chapter 118 (Estate Tax)

Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Oregon.

Important legal notice

Plan Your Passing is not a law firm. The information on this site is for general educational purposes only and does not constitute legal, financial, tax, medical, or professional advice. No attorney-client relationship is created by reading this site or using any tool on it. Estate, probate, tax, and inheritance laws differ by country, state, province, county, and individual circumstance, and they change over time. You are solely responsible for confirming the laws that apply to you. Always consult a licensed attorney in your jurisdiction before making any legal, financial, or tax decision regarding wills, trusts, beneficiaries, probate, real estate transfers, gifts, or end-of-life directives. The author, operators, and affiliates of this site disclaim all liability for actions taken or not taken based on its contents.

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