OR · State estate & inheritance tax
Oregon estate tax, inheritance tax & probate costs
Exemptions, rates, and probate costs for Oregon (OR), current as of IRS SOI state filings 2021-2023 | federal exemption 2026 | Tax Foundation 2024 state survey - in plain language, from IRS Statistics of Income data and Oregon fee schedules.
Data updated 2026-08-06
- $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. On maximum probate filing fee, Oregon sits #39 of 51 (lowest fee = #1).
Estate tax docket plate
Sheet OR · Oregon $1M · 16%
ESTATE-ONLY · DECOUPLED · STEEP-16 · NO-PORT · FEE-STEEP · LOCAL-CODE
- ESTATE-ONLY Estate tax only
- DECOUPLED Far below federal
- STEEP-16 Top 16%
- NO-PORT No portability
- FEE-STEEP Max $500
- LOCAL-CODE Local probate code
Nearest exemption peer: Rhode Island (+ 0.8M)
Instrument codes from this state’s levy posture, federal-exemption gap, rate shape, portability, probate filing-fee tier, and UPC adoption, not a planning recommendation.
Oregon standing among 13 estate-tax states
- Oregon is one of 13 of 51 surveyed jurisdictions that levy a state estate tax.
- State exemption $1M sits $14M below the permanent federal $15M line, that gap is the Oregon-only taxable band the IRS SOI tables do not print as a rank.
- Maximum probate filing fee $500 is above the corpus upper third (> $450) · corpus #39 of 51 (lowest max fee = #1).
- On tax-burden friendliness alone, Oregon ranks ahead of 1 other states in this extract.
Exemption neighbourhood around Oregon
Lowest/highest poles plus estate-tax states nearest Oregon on exemption ($M). Full ladder: /rankings/lowest-exemptions/.
State Estate Tax
Oregon has the LOWEST estate tax exemption — only $1M. Many homeowners are affected. Rates 10%-16%.
Inheritance Tax
Beneficiaries owe no state inheritance tax in Oregon
Probate Costs
Summary administration for estates under $275,000; no real estate
Probate Code
Oregon has not adopted the Uniform Probate Code.
Property System
Oregon follows common-law (separate property) rules.
Federal estate-tax returns filed - Oregon
Returns filed by state residents, by IRS filing year
Oregon probate timeline
Months from filing to distribution, minimum, typical, and maximum
Federal Estate Tax Filings - Oregon
IRS Statistics of Income data showing estate tax returns filed by Oregon residents.
What changed: reported federal estate-tax returns increased by 14 from 70 in 2022 to 84 in 2023. This compares adjacent IRS filing-year releases; it does not describe a change in state tax law.
| 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.
Oregon estate-tax shape: ESTATE-ONLY·HIGH-FEE·SOI-MID
Oregon adds a state estate-tax layer - for many households the state exemption binds before the permanent federal line. IRS SOI prints 84 federal returns here in the latest year, a mid-band SOI footprint. Exemption $1,000,000 with rates from 10% to 16%; no spousal portability.
IRS Statistics of Income data show 84 federal estate tax returns filed by Oregon residents in filing year 2023, reporting $1.85 billion in combined gross estate value. Net federal estate tax paid totaled $0.10 billion that year. Multi-year SOI average: roughly 74 taxable filings/year. Effective federal rate on reported gross estates ≈ 6.2%.
Probate clock 6–12 mo · max filing $500 · corpus #39 of 51 · negotiated attorney fees · non-UPC · common law · small-estate track under $275,000.
States with similar estate-tax and probate profiles to Oregon
Similar exemption threshold
Nearest estate-tax states by exemption ($1M here).
Similar top marginal rate
Nearest estate-tax states by top rate (16% here).
Similar probate filing fee
Nearest states by maximum probate filing fee ($500 here).
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.
Where does Oregon sit among states on probate filing fees?
According to PlainEstate's compiled state court fee schedules, Oregon ranks #39 of 51 surveyed states by maximum probate filing fee (lowest max fee = #1). That ordinal matches the /rankings/lowest-probate-costs listing. See /methodology/#corpus-placement for the exact sort basis.
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.
How Oregon’s probate clock interacts with its estate-tax layer: probate process guide. Compare thresholds on the state rankings or the estate tax calculator.
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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.
Read our methodology - how this data is sourced, computed, and verified.