Author: Sarah J. Bennett, J.D. – With over 12 years drafting and reviewing estate planning documents for Oregon residents, I’ve helped hundreds of families avoid probate and protect their assets through properly executed revocable living trusts. In this comprehensive guide, I’ll walk you through everything you need to know about setting up a living trust in Oregon and provide a free, attorney-drafted revocable living trust template you can download and customize today.
Important Disclaimer: This article and the downloadable template are for educational purposes only and do not constitute legal advice. Laws change, and every situation is unique. Always consult a licensed Oregon estate planning attorney before executing any legal document.
As an estate planning attorney practicing exclusively in Oregon since 2013, I’ve seen firsthand how a properly funded revocable living trust can save families tens of thousands in probate fees and months (sometimes years) of court delays. Oregon’s probate process remains one of the more time-consuming and expensive in the nation, with statutory attorney fees starting at $7,000–$13,000 even for modest estates (ORS 113.085).
A revocable living trust in Oregon allows you to:
| Feature | Revocable Living Trust | Last Will & Testament |
|---|---|---|
| Avoids probate | Yes (if properly funded) | No |
| Private after death | Yes | No – becomes public record |
| Effective during incapacity | Yes – successor trustee steps in | No – requires guardianship/conservatorship |
| Controls out-of-state property | Yes – no ancillary probate | No – often requires additional proceedings |
| Average time to distribute assets | Weeks to months | 9–18 months in Oregon |
Single individuals typically create individual trusts. Married couples in Oregon have three options:
You (the grantor) are usually the initial trustee. Name at least one successor trustee and one alternate. Oregon does not require a professional trustee unless the trust document mandates it.
Make a complete inventory. Common assets placed in Oregon living trusts include:
Oregon recognizes notarized revocable living trusts (ORS 130.050). While witnesses are not required, I strongly recommend two disinterested witnesses plus notarization to satisfy requirements in other states.
An unfunded trust is worthless. Common funding methods in Oregon:
Click here to download the free Oregon-specific revocable living trust template (PDF + Word)
This attorney-drafted template includes:
Oregon remains one of only 12 states with its own estate tax. The 2025 exemption is $1 million per person (ORS 118.010). Trusts over this amount pay 10–16% state estate tax. Proper AB trust planning can still save significant tax for married couples.
Oregon allows TOD deeds for real estate (ORS 93.949–93.979), but they only avoid probate for that property and offer no incapacity protection. Most of my clients prefer full living trusts.
Oregon is not a community property state, but if you move from California, Washington, or Idaho with community property, special provisions are needed to maintain stepped-up basis for both halves.
| Option | Typical Cost | Pros | Cons |
|---|---|---|---|
| Online legal forms (generic) | $39–$299 | Cheap, fast | Not Oregon-specific, no funding help |
| Free template + self-funding | $0 + recording fees | Free, Oregon-specific | Requires careful execution |
| Oregon estate planning attorney | $2,500–$5,000 (couples) | Customized, funding assistance | Most expensive |
No, but the majority of my clients who started with DIY documents end up paying me to fix problems later.
With the free template: 2–6 weeks including funding. Attorney-drafted: usually 2–4 weeks.
Yes. Thousands of Oregonians successfully use properly drafted templates every year.
Income taxes: No. Oregon estate taxes: Possibly significant savings for married couples with proper planning.
Ready to get started? Download your free Oregon revocable living trust template now and take the first step toward protecting your family.
Remember: Setting up a living trust in Oregon is one of the most loving things you can do for your family. It’s not about how much you have – it’s about making things easier for the people you care about most.
Sources: Oregon Revised Statutes (ORS) Chapters 93, 111–130; IRS.gov Publication 559; Oregon Department of Revenue Estate Tax Guidelines (2025).
© 2025 Sarah J. Bennett, J.D. – All rights reserved. Template provided for personal use only.