Oregon

At a Glance

The 5-day rule.

In Oregon, a death certificate must be filed with the Oregon Center for Health Statistics within 5 days of death and before the body is buried, cremated, or transported out of state. The funeral home or person handling disposition is responsible for filing.

Who files it.

The funeral home, mortuary, or person in charge of disposition files the death certificate. The attending physician, medical examiner, or coroner certifies the cause of death. If the death was unexpected or the cause is unknown, the medical examiner takes over.

Who can order copies.

Immediate family members, legal representatives, and others with a direct and tangible interest in the record can order certified copies. Oregon Vital Records is the primary source.

• –Oregon Vital Records: oregon.gov/oha/ph/BirthDeathCertificates
• –Cost: $25 first copy, $15 each additional (same order)
• –Allow 3--5 weeks by mail; expedited options available
• –County clerk offices may have faster turnaround for local deaths

How do I get a death certificate in Oregon?

Order certified copies from Oregon's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Oregon?

$25 for the first copy, $15 for each additional copy per certified copy in Oregon, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

The threshold: $275,000.

Oregon allows a simplified 'Small Estate Affidavit' (also called Affidavit of Claiming Successor) for estates with a total fair market value of $275,000 or less -- with no more than $200,000 in real property and no more than $75,000 in personal property. Estates above this threshold require formal probate.

Small estate affidavit.

If the estate qualifies (under $275,000 total; under $200,000 real property; under $75,000 personal property), heirs can file a Small Estate Affidavit with the probate court in the county where the deceased lived. You must wait 30 days after death before filing.

• –Wait 30 days from date of death
• –File with the probate court in the county of residence
• –Filing fee: $124 (as of 2024)
• –Attach certified copy of death certificate
• –If there is a will, attach the original
• –Must notify Oregon Department of Human Services and Oregon Health Authority

What avoids probate.

Living trusts, joint tenancy property, accounts with named beneficiaries (POD/TOD), life insurance with named beneficiaries, and retirement accounts all pass outside probate. Oregon also recognizes Transfer-on-Death deeds for real property, which allow real estate to transfer automatically without probate.

Transfer-on-Death deeds.

Oregon allows property owners to record a Transfer-on-Death (TOD) deed, which transfers real property to named beneficiaries automatically at death -- no probate required. The deed must be recorded before death and can be revoked at any time. This is a powerful tool for avoiding probate on real estate.

How long does probate take in Oregon?

A straightforward Oregon probate typically runs 4-12 months, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Oregon?

$275,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Oregon?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Oregon allow transfer-on-death deeds?

Yes. Oregon authorizes the transfer on death deed under Or. Rev. Stat. §§ 93.948–93.985 (Uniform Real Property Transfer on Death Act). Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Oregon has had a statutory TOD deed since 2012 under the uniform act; the deed must be recorded in the county where the property sits before the owner dies.

Source: Or. Rev. Stat. §§ 93.948–93.985 (Uniform Real Property Transfer on Death Act) ↗

Die without a will in Oregon and this law picks your heirs.

If you die intestate (without a valid will) in Oregon, Or. Rev. Stat. §§ 112.025 to 112.055 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): the entire estate.
• –Spouse + parents (no descendants): still the entire estate, parents take nothing when a spouse survives.
• –Spouse + joint descendants: the entire estate.
• –Spouse + blended family: one-half to the spouse, one-half to the descendants.
• –Source: Or. Rev. Stat. §§ 112.025 to 112.055

Children's shares.

The descendants take the whole estate by representation: equal shares at the nearest generation with survivors.

No spouse, no children: the line of succession.

After descendants come parents, then siblings and their descendants, then grandparents and their descendants, and if a diligent search finds no taker the estate escheats to the State of Oregon.

At a Glance

Oregon's advance directive.

Oregon's Advance Directive for Health Care (updated by SB 199 in 2021) allows you to name a healthcare representative and specify your wishes for end-of-life care. It covers decisions about life-sustaining treatment, artificial nutrition, and organ donation.

How to make it valid.

An Oregon advance directive must be signed by you (or by someone at your direction if you cannot sign) and witnessed by two adults. Witnesses cannot be your healthcare representative, related to you by blood or marriage, entitled to inherit from you, or financially responsible for your healthcare.

POLST: for serious illness.

Oregon is the founding state of the POLST (Physician Orders for Life-Sustaining Treatment) program, created in 1991. The Oregon POLST is a medical order -- not just a directive -- that must be signed by a physician, nurse practitioner, or physician assistant. It specifies CPR preferences, level of medical intervention, and artificial nutrition.

• –Oregon POLST is for people with serious illness, frailty, or advanced age
• –Must be signed by a licensed healthcare provider
• –Bright pink form -- kept visible and accessible
• –Download form: oregonpolst.org
• –Oregon was the first state to develop the POLST program (1991)

Death with Dignity.

Oregon's Death with Dignity Act (ORS 127.800--127.897), passed in 1997, allows terminally ill Oregon residents with a prognosis of 6 months or less to request a prescription for a lethal dose of medication. Requirements include: two oral requests 15 days apart, one written request, two physician confirmations, and a mental health evaluation if requested. The patient must self-administer.

Where do I get Oregon's advance directive form?

The controlling law is ORS §§ 127.505--127.660 (Advance Directive); ORS § 127.505 (POLST), linked as this section's source. Most people use the free statutory form: Oregon's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Oregon require a notary or witnesses for an advance directive?

Oregon requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

24-hour waiting period.

Oregon requires a minimum 24-hour waiting period after death before cremation can proceed. The death certificate must be filed and a cremation permit obtained before cremation.

Authorization requirements.

Cremation requires written authorization from the person with the right to control disposition. Oregon law establishes a priority order: (1) person named in an advance directive or disposition authorization, (2) spouse or domestic partner, (3) adult children (majority if multiple), (4) parents, (5) adult siblings, (6) adult grandchildren, (7) other relatives.

Scattering ashes.

Oregon allows scattering of cremated remains on private property (with owner's permission), at sea (at least 3 nautical miles from shore), and in some public areas with appropriate permits. Scattering in state parks requires a permit from Oregon Parks and Recreation.

• –Ocean scattering: minimum 3 nautical miles from shore; EPA notification within 30 days
• –Private property: permission of landowner required
• –State parks: permit from Oregon Parks and Recreation (oregonstateparks.org)
• –No specific restrictions on air scattering

Natural burial and home burial.

Oregon permits natural (green) burial and has several natural burial grounds. Home burial on private property is permitted in Oregon, subject to local zoning ordinances and setback requirements from water sources. Contact your county health department for local requirements.

Alkaline hydrolysis.

Oregon permits alkaline hydrolysis (water cremation), which uses water and alkali to dissolve the body. Several Oregon funeral homes offer this option.

At a Glance

Oregon has an estate tax. The threshold is $1 million.

Oregon imposes a state estate tax on estates with a gross value over $1 million. This is significantly lower than the federal exemption of $15 million (2026). Oregon's estate tax rates range from 10% to 16% on the taxable amount above the exemption.

The rates.

Oregon estate tax rates are graduated: 10% on the first $1 million above the exemption, rising to 16% on amounts over $9.5 million. The tax is calculated on the Oregon taxable estate, which is the gross estate minus allowable deductions (debts, funeral expenses, charitable bequests, marital deduction).

No inheritance tax.

Oregon does not have an inheritance tax. The estate tax is paid by the estate, not by the beneficiaries who receive assets.

Federal estate tax.

The federal estate tax exemption is $15 million per individual in 2026. Oregon's $1 million threshold is much lower -- meaning many Oregon estates owe state estate tax but no federal estate tax.

Does Oregon have an estate tax?

Yes. Oregon levies its own estate tax, with a state exemption of $1 million and rates of 10%-16%. The federal estate tax can also apply, but only to estates over $15 million per person (2026).

Does Oregon have an inheritance tax?

No. Oregon does not tax inheritances. Heirs owe no state tax on what they receive, though the estate itself can owe state estate tax before anything is distributed.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Register through the DMV or Donate Life Oregon.

Oregon uses an opt-in donor registry. You can register when you get or renew your driver's license or ID, or online at DonateLifeOregon.org. Registration is legally binding -- family members cannot override a registered donor's decision.

First-person authorization.

Oregon follows the Uniform Anatomical Gift Act (UAGA). A registered donor's decision is legally binding and cannot be overridden by family members. If you are not registered, your next of kin can authorize donation.