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Oregon Probate vs Living Trust Calculator

A basic trust in Oregon avoids the sliding-scale PR fee — but because the state's $1 million exemption isn't portable between spouses, the tax planning here can matter more than in almost any other state.

Probate side: ORS 116.173 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Your Oregon estate

Enter your probate estate value — we'll estimate Oregon probate cost using the statutory sliding scale and compare it to a typical trust setup cost.

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Estimated Oregon probate cost vs trust setup
Probate (estimated)
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Living trust setup
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Oregon probate cost vs living trust cost

The probate side of this comparison reuses the same approach as the Oregon Probate Cost Calculator: the personal representative commission under ORS 116.173 — a sliding scale of 7% of the first $1,000, 4% of the next $9,000, 3% of the next $40,000, and 2% above $50,000, plus 1% of most non-probate assets — plus a separate reasonable attorney fee. The trust side is market data, not a statutory figure: Oregon attorneys typically charge roughly $1,000–$3,000 for a basic revocable living trust, with Oregon-specific hourly-rate data putting a fuller plan closer to $3,550–$5,325. See the full breakdown in Oregon Living Trust Setup Cost.

Worth being precise about: a basic revocable trust removes the PR commission and the probate process, but it does not by itself reduce Oregon's estate tax. Because Oregon's $1 million exemption isn't portable between spouses, a married couple relying on simple wills can lose the first spouse's exemption entirely — a bypass (credit-shelter) trust structure is the tool that preserves both exemptions, and it's more specialized than a basic trust.

Oregon probate vs living trust — frequently asked questions

Is a living trust worth it in Oregon?

Often yes, especially for married couples, since Oregon's $1 million estate-tax exemption isn't portable between spouses — a basic revocable trust avoids the PR commission and probate process, and a properly structured bypass trust can preserve both spouses' exemptions instead of losing one entirely.

How much does Oregon probate cost compared to a living trust?

On a $500,000 estate, the statutory PR commission runs about $10,630 under the ORS 116.173 sliding scale, plus a separate attorney fee. An Oregon living trust typically costs roughly $1,000–$3,000 for a basic plan, with Oregon-specific hourly-rate data putting a fuller plan closer to $3,550–$5,325.

Does a basic living trust reduce the Oregon estate tax?

Not by itself. A basic revocable trust doesn't lower the taxable estate. But because Oregon's exemption isn't portable, a bypass (credit-shelter) trust specifically can let a married couple use both spouses' $1 million exemptions instead of losing the first spouse's entirely — more specialized planning than a basic trust.

Oregon living trust tools & guides

Oregon Living Trust Setup CostThe market-rate breakdown Is a Living Trust Worth It in Oregon?A decision framework Oregon Living Trust Funding MistakesWhy trusts still fail to avoid probate Oregon Probate Cost CalculatorThe sliding-scale fee + estate tax breakdown Oregon Probate Timeline CalculatorHow long probate would take

This calculator provides an estimate for general guidance only and is not legal or financial advice. Probate-side figures are based on Oregon statute (ORS 116.173). Trust-side figures are illustrative market rates, not a legal or statutory amount, and vary by attorney and estate complexity. A bypass trust is specialized planning beyond a basic revocable trust; confirm current figures and tax-planning options with the Circuit Court, the Oregon Department of Revenue, or a licensed Oregon estate planning attorney before acting.