How to Avoid Probate

March 26th, 2025
Posted By
Sarah M. Litowich
Toy house, gavel and text PROBATE.
Probate is the formal court process in which a deceased person’s property and assets are transferred to their beneficiaries. It is required for most estates in Oregon — even if there is a will in place. While these proceedings can be lengthy, costly, and emotionally overwhelming, many people wish to avoid probate for their family members. Fortunately, there are a few steps you can take to help ensure your loved ones do not need to go through this process after you pass.

Reasons to Avoid Probate

While the process is meant to ensure that your assets are distributed in accordance with your wishes, there are several reasons why you should consider implementing strategies to avoid probate. Some of the benefits of avoiding probate can include the following:
  • Saving time — Depending on the size of your estate, the probate process can take months, sometimes even years, to complete. It can take even longer if your estate is contested. With a well-drafted estate plan that uses strategies to avoid probate, your assets can be distributed more quickly.
  • Reducing costs — Probate can be expensive. It can involve court costs, attorney fees, compensation for the executor, and appraisal fees. All these costs can quickly add up and deplete the value of the estate.
  • Efficiency — By structuring your estate plan to avoid probate, you can ensure your beneficiaries receive their inheritances more quickly than they would if assets had to go through the court process.
  • Less stress — While losing a loved one can be emotionally overwhelming, going through the probate process during the grieving period can add unnecessary stress.
  • Maintaining privacy — When your estate goes through the probate process, the details of the proceedings become part of the public record. By avoiding probate, you can keep your family matters and financial affairs private.
  • Reduce the potential for family disputes — Avoiding probate reduces the potential for family disputes. When your wishes are clearly outlined in a thorough estate plan, there is less ambiguity and room for disagreements.
In addition, while avoiding probate does not directly come with tax benefits, many of the tools that can be used to bypass the process have potential tax advantages. For example, since the assets that are placed in a trust are removed from the taxable estate, they can potentially reduce the estate tax burden on your loved ones.

Strategies to Avoid Probate

Whether you pass away with or without a will, probate is typically required to distribute the assets in your estate in Oregon. However, there are certain mechanisms that can be used to avoid probate entirely. By creating a comprehensive estate plan that includes trusts, beneficiary designations, and jointly owned property, you can pass your assets to the beneficiaries you choose while bypassing the lengthy, public, and costly probate process entirely. The following are several strategies that can be used to avoid probate:

Living Trusts

A living trust is a type of revocable trust that becomes irrevocable upon death. It allows you to use the assets placed in it during your lifetime, control how they are distributed when you pass away, and avoid probate for your estate. Nearly any type of property can fund a living trust, including real estate, bank accounts, personal property, business interests, and insurance policies.

Irrevocable Trusts

There are many different types of irrevocable trusts that can be created to help ensure your wishes are met after your passing. Unlike revocable trusts, irrevocable trusts cannot be altered once they are created. Some common types of irrevocable trusts that can be used to avoid probate include charitable trusts, special needs trusts, spendthrift trusts, and various others.

Joint Ownership

Joint tenancy with a right of survivorship is a common way to avoid probate. When one owner passes away, their share of the property is automatically transferred to the surviving owner without court involvement. Similarly, a tenancy by the entirety allows married couples to pass assets to one another upon a spouse’s passing without going through the probate process.

Beneficiary Designations

Beneficiary designations allow assets such as bank accounts, retirement accounts, life insurance policies, and brokerage accounts to pass directly to a loved one upon your death without court intervention.

The Small Estate Affidavit Process

The small estate affidavit process in Oregon can be used to avoid the formal probate process in certain cases where the total value of an estate is $275,000 or less (including personal and real property). This is a simplified process that transfers assets faster and more cost-effectively than a full probate proceeding.

Contact an Experienced Oregon Estate Planning Attorney

If you would like to learn more about the strategies you can use to help ensure your loved ones avoid probate when you pass, a knowledgeable attorney can help. Based in Salem, Litowich Law offers reliable counsel and experienced representation for estate planning matters throughout Oregon. We welcome you to contact us for a consultation.
Categories: Probate