OR · State estate & inheritance tax

Oregon estate tax, inheritance tax & probate costs

Exemptions, rates, and probate costs for Oregon (OR), current as of May 2026 - in plain language, from IRS Statistics of Income data and Oregon fee schedules.

Data updated 2026-05-15

$1M
State estate-tax exemption
16%
Estate-tax top rate
None
Inheritance tax
6–12 mo
Typical probate timeline

The verdict

Oregon taxes estates above $1M at up to 16%, and probate typically takes about 9 months.

1.4/5
Estate-friendliness score
$1M
State exemption (vs $15M federal)
6–12 mo
Probate timeline
No
State inheritance tax

Estate-friendliness blends tax presence, probate cost and timeline. Oregon ranks ahead of 1 states on tax burden alone.

State Estate Tax

Exemption $1,000,000
Top Rate 16%
Min Rate 10%
Portability No

Oregon has the LOWEST estate tax exemption — only $1M. Many homeowners are affected. Rates 10%-16%.

Inheritance Tax

No Inheritance Tax

Beneficiaries owe no state inheritance tax in Oregon

Probate Costs

Filing Fee $100–$500
Attorney Fee hourly
Timeline 6–12 months
Small Estate Threshold $275,000

Summary administration for estates under $275,000; no real estate

Probate Code

Uniform Probate Code Not Adopted

Oregon has not adopted the UPC and follows its own probate statutes. Procedures may be more complex or vary by county.

Property System

Community Property No (Common Law)

Oregon follows common law (separate property) rules. Each spouse owns property individually unless jointly titled, which affects how assets pass through an estate.

Estate friendliness

1.4 /5

Composite of estate-tax presence, probate cost, UPC adoption, and timeline for Oregon.

Estate-tax exemption

$1,000,000

Oregon state estate-tax filing threshold.

Probate window

6-12 months

Filing-to-final-distribution range, varies with estate complexity & creditor claims.

Probate cost relative to estate value - Oregon 4.0%
National median

Attorney fees negotiated rather than statutory, actual percentage varies by engagement.

Federal estate-tax returns filed - Oregon

Returns filed by state residents, by IRS filing year

0 20 40 60 80 100 2021 2022 2023 69 70 84

Oregon probate timeline

Months from filing to distribution, minimum, typical, and maximum

6 mo12 moOregon9 mo

Source: Oregon probate statutes · Uniform Probate Code As of current

Federal Estate Tax Filings - Oregon

IRS Statistics of Income data showing estate tax returns filed by Oregon residents.

Filing Year Returns Filed Gross Estate Net Tax Paid State Death Tax
2023 84 $1.8B $0.1B $94,963K
2022 70 $1.5B $0.1B $75,495K
2021 69 $2.3B $0.2B $101,678K

Source: IRS Statistics of Income - Estate Tax Returns Filed (Table 2, by State of Residence). Dollar amounts in thousands. State rate / exemption tables compiled from Tax Foundation 2024 Estate & Inheritance Tax Survey.

What the Oregon Estate Data Reveals

Oregon layers a state estate tax on top of the federal regime, exemption of $1,000,000 with rates from 10% to 16%, and spousal portability is not recognized. For estates above this state threshold but below the permanent federal $15M exemption, state law is the binding constraint, which is exactly the bracket most affluent households fall into. There is no separate inheritance tax, so beneficiaries receive their share without a second state-level deduction at distribution.

IRS Statistics of Income data show 84 federal estate tax returns filed by Oregon residents in the most recent available year (filing year 2023), reporting $1.85 billion in combined gross estate value. Net federal estate tax paid totaled $0.10 billion that year. Across the multi-year IRS SOI series above, Oregon averages roughly 74 taxable filings per year, with an effective federal rate on reported gross estates of about 6.2%.

Probate itself typically runs 6–12 months in Oregon (roughly 9 months on average), with court filing fees of $100–$500. Attorney fees are negotiated rather than statutory, so engagement letters and hourly-vs-flat structures matter more to the total bill. Oregon does offer a simplified small-estate track for estates under $275,000, which most families use to bypass full formal probate. Because Oregon has not adopted the UPC, probate practice can vary materially by county and judicial district. As a common-law (separate property) state, Oregon treats each spouse's holdings individually unless jointly titled, so titling choices drive what actually enters the probate estate.

Estimate Your Oregon Estate Tax

Use our calculator to estimate estate tax liability in Oregon and compare it to other states.

Calculate for Oregon

What this means in Oregon

Oregon layers a state-level tax on top of the federal rules, so the state thresholds, not the $15M federal exemption, drive most Oregon estates.

  • Estates above $1M owe Oregon estate tax, far below the federal $15M line. Estimate the tax
  • Plan for a probate timeline of 6–12 mo - small estates may qualify for a faster simplified process. How probate works
  • Compare Oregon against other states before relocating or planning a transfer. See the rankings

General information from public data, not legal or tax advice. Consult a qualified estate-planning attorney for your situation.

Oregon Estate Tax FAQs

Does Oregon have an estate tax?

Yes. Oregon has a state estate tax with a $1,000,000 exemption, with rates from 10% to 16%. This is in addition to the federal estate tax.

Does Oregon have an inheritance tax?

No. Oregon does not impose a state inheritance tax on beneficiaries. Unlike an estate tax (paid by the estate), an inheritance tax is paid by the person receiving the assets. Only six states currently levy this tax. Oregon has not adopted the Uniform Probate Code, so probate practice can vary by county.

How long does probate take in Oregon?

Probate in Oregon typically takes 6 to 12 months. Estates under $275,000 may qualify for a simplified small estate procedure, which is significantly faster.

How much does probate cost in Oregon?

Court filing fees in Oregon range from $100 to $500. Attorney fees are usually based on reasonable hourly rates or negotiated flat fees.

Can you avoid probate in Oregon?

Yes. Common probate avoidance strategies in Oregon include revocable living trusts, transfer-on-death (TOD) deeds for real estate, payable-on-death (POD) accounts for bank and investment accounts, and joint ownership with right of survivorship. Oregon also offers a simplified process for small estates under $275,000.

What happened to the 2026 federal estate tax sunset, and how does it affect Oregon residents?

The TCJA provisions were scheduled to sunset after December 31, 2025, which would have cut the federal exemption from $13,990,000 to roughly $7,000,000 per person. The One Big Beautiful Bill Act (Pub. L. 119-21), signed July 4, 2025, repealed that sunset and set a permanent $15,000,000 per-individual exemption effective January 1, 2026, indexed for inflation. Oregon residents still face state estate tax in addition to federal estate tax, so the state-level rules remain the main planning consideration for most Oregon estates.

Related Guides

Data sourced from official IRS Statistics of Income and state probate fee schedules. See our methodology for details. Retrieved and formatted by PlainEstate Editorial.

Notice a figure that looks out of date, such as a state changing its exemption or rate? Report it via the contact page and we'll verify it against the source and correct it, per our editorial policy.

Disclaimer: This information is provided for general informational purposes only and does not constitute legal or tax advice. Consult a qualified estate-planning attorney or tax professional before making decisions based on this data.

Data sources used on this page
  • IRS Statistics of Income (SOI) - Estate Tax - federal estate-tax returns filed by state, gross estate and net tax. irs.gov/statistics/estate-tax
  • IRS Form 706 - federal estate-tax exemption and filing thresholds by year. irs.gov/forms-pubs/f706
  • Tax Foundation, State Estate & Inheritance Tax Survey - state exemptions, rates and inheritance schedules. taxfoundation.org
  • State probate statutes & fee schedules - filing fees, attorney/executor fees, small-estate thresholds and timelines, compiled per state.

Every figure on PlainEstate is rendered directly from IRS Statistics of Income and state statutory data, no number is typed in by an editor. This page draws directly on IRS Statistics of Income and state statutory data, no figure is typed in by an editor. See our editorial standards & corrections policy, the methodology behind these numbers, or report a data error. Data current as of May 2026.