Does a Will Avoid Probate? (No.)

How to Avoid Probate in Oregon

Probate is the court-supervised legal process used to validate a will and administer a person's estate after death. In Oregon, probate can be time-consuming, costly, and public. Fortunately, with proper planning, many people can avoid or minimize the need for probate altogether. Below are several common strategies to avoid probate in Oregon.

1. Create a Revocable Living Trust

A revocable living trust is one of the most effective tools for avoiding probate. When you place assets into a trust, those assets are no longer part of your “probate estate” because they are owned by the trust—not by you individually.

• You retain full control over the assets during your lifetime.

• After your death, your chosen successor trustee can manage and distribute the assets without court involvement.

• A properly funded trust can avoid probate entirely.

Note: Simply signing a trust is not enough—you must also title your assets into the trust for it to be effective.

2. Use Beneficiary Designations

Certain assets allow you to name a beneficiary directly. These assets bypass probate and go directly to the named beneficiary upon your death:

• Life insurance policies

• Retirement accounts (IRAs, 401(k)s)

• Transfer-on-death (TOD) brokerage accounts

• Payable-on-death (POD) bank accounts

Make sure your beneficiary designations are up to date and coordinated with your overall estate plan.

3. Add Joint Owners with Right of Survivorship

You can title assets—such as bank accounts or real estate—with another person as a joint tenant with right of survivorship. When one owner dies, the surviving owner automatically inherits the asset without probate.

Caution: Adding joint owners can have unintended consequences, such as exposing the asset to someone else's debts or complicating your estate plan. Always speak with an attorney before using this strategy.

Final Thoughts

Avoiding probate in Oregon is possible with the right planning. A combination of “tools in the tool belt,” like a revocable living trust or beneficiary designations, can ensure your assets transfer smoothly and privately to your loved ones.

At Merkel & Conner, we help individuals and families throughout Oregon design estate plans tailored to their needs, with a focus on reducing stress and avoiding probate whenever possible.

Ready to start your plan?
Contact our office to schedule a consultation and take the first step toward peace of mind.