2026 data Public-data reference. official source

Oregon Estate & Inheritance Tax

Open-data reference.

Estate tax rates, exemptions, and probate costs for Oregon (OR)

1.4/5 Friendliness Has Estate Tax 0

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.

Beneficiary structure

How decedent estates allocate across heirs — IRC § 2056 marital + § 2055 charitable deductions

Estate share42%31%14%SpouseChildrenTrustCharityOther

Oregon probate timeline

Phase share of typical filing-to-distribution window — 6–12 months

Oregon probate10%15%25%20%25%PetitionNoticeInventoryClaimsTax filingDistribution

Source: Uniform Probate Code · state probate statutes As of varies by state

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 federal $13,990,000 exemption (2025), 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.

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Oregon Estate Tax FAQs

Does Oregon have an estate tax?

Yes. Oregon has a state estate tax with a $1,000,000 exemption. Rates range 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.

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.

How will the 2026 federal estate tax sunset affect Oregon residents?

The TCJA provisions are set to expire December 31, 2025, which would cut the federal exemption from $13,990,000 to approximately $7,000,000 per person. Oregon residents face both federal and state estate taxes, so the reduced federal exemption could mean a significantly larger combined tax bill for estates above the new threshold.

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

Disclaimer: This information is provided for informational purposes only and does not constitute professional advice. Data is sourced from the IRS Statistics of Income. Consult a qualified professional before making decisions based on this data.

All federal data sources used on this page