On the record—Every fact sourced to a primary record·The standard—Advisors never pay for placement·Independent—A publication of AdvisorWorld.com Inc·Verification—Credentials checked with the issuing body·Sourcing—The IRS, state departments of revenue, and the courts·Corrections—When we're wrong, we fix the record and say so·On the record—Every fact sourced to a primary record·The standard—Advisors never pay for placement·Independent—A publication of AdvisorWorld.com Inc·Verification—Credentials checked with the issuing body·Sourcing—The IRS, state departments of revenue, and the courts·Corrections—When we're wrong, we fix the record and say so·
Est. MMXXVI · Advertiser-freeAdvisors never pay for placement
T
The Trusted Advisor
Retirement & estate planning, on the record❦Every fact sourced · Every advisor verified
State rules · Oregon

Oregon: estate, probate and Medicaid rules in one place

What applies in Oregon, collected from the site’s state datasets: estate and inheritance tax, transfer-on-death deeds, small-estate procedure, Medicaid long-term-care rules, and state income tax on retirement income. Where the dataset holds a source, the entry links it with its effective marker and check date; where it does not, the entry shows its verification status and the reason.

Quick answers

Does Oregon have a state estate tax?

State estate tax: Yes (ORS 118.010 (estate transfer tax; rate table at ORS 118.010(4))). Estate-tax exemption: $1,000,000 (ORS 118.010 (estate transfer tax; rate table at ORS 118.010(4)); 2026 deaths). Estate-tax top rate: 16% (ORS 118.010 (estate transfer tax; rate table at ORS 118.010(4)); 2026 deaths).

Does Oregon have an inheritance tax?

Inheritance tax: No (ORS 118.010 (estate transfer tax; rate table at ORS 118.010(4))).

Can you use a transfer-on-death deed in Oregon?

Transfer-on-death deed for real estate: Available — Transfer-on-death deed (Uniform Real Property Transfer on Death Act (ORS 93.948–93.985); enacted 2011 (Or. Laws 2011, ch. 212)).

What is the Medicaid look-back period in Oregon?

Look-back period: 60 months (Oregon Administrative Rule 461-140-0210; Effective July 18, 2023).

Does Oregon tax Social Security benefits?

Social Security benefits: pending. Primary-source classification has not yet been completed for this income type.

State estate tax

Estate-tax dataset 2026.v2

State estate tax
YesVerified

Source: ORS 118.010 (estate transfer tax; rate table at ORS 118.010(4)) · Checked July 18, 2026

Estate-tax exemption
$1,000,000Verified

Source: ORS 118.010 (estate transfer tax; rate table at ORS 118.010(4)) · Effective: 2026 deaths · Checked July 18, 2026

Estate-tax filing threshold
$1,000,000Verified

Source: ORS 118.010 (estate transfer tax; rate table at ORS 118.010(4)) · Checked July 18, 2026

Estate-tax top rate
16%Verified

Source: ORS 118.010 (estate transfer tax; rate table at ORS 118.010(4)) · Effective: 2026 deaths · Checked July 18, 2026

Inheritance tax

Estate-tax dataset 2026.v2

Inheritance tax
NoVerified

Source: ORS 118.010 (estate transfer tax; rate table at ORS 118.010(4)) · Checked July 18, 2026

Transfer-on-death deed

Transfer-on-death deed for real estate
Available — Transfer-on-death deedVerified

Source: Uniform Real Property Transfer on Death Act (ORS 93.948–93.985) · Effective: enacted 2011 (Or. Laws 2011, ch. 212) · Checked July 26, 2026

Controlling statute
Or. Rev. Stat. §§ 93.948–93.985Verified

Source: Uniform Real Property Transfer on Death Act (ORS 93.948–93.985) · Effective: enacted 2011 (Or. Laws 2011, ch. 212) · Checked July 26, 2026

Small-estate procedure

Value limits and wait
$75,000 personal property and $200,000 real property or manufactured homes; 30-day wait; creditor eligibility after 60 days; after one year use a valuation within 45 days before filingVerified

Source: ORS 114.510 and 114.515 · Effective: 2025 Oregon Revised Statutes · Checked August 23, 2026

Current court packet
Oregon Judicial Department Simple Estate Affidavit and instructionsVerified

Source: Oregon Judicial Department simple-estate packet · Effective: June 2026 revision · Checked August 23, 2026

Claims and affiant duties
Affiant is a fiduciary; claims run for four months; personal liability can follow mistakes or mishandlingVerified

Source: ORS 114.540, 114.545 and 114.549 · Effective: 2025 Oregon Revised Statutes · Checked August 23, 2026

Medicaid long-term-care eligibility

Medicaid dataset 2026.v16

OSIPM special-income limit
$2,982 per month (300% of the 2026 SSI standard)Verified
  • Applies to: one-person need group.

Source: Oregon Administrative Rule 461-155-0250 · Also: CMS 2026 SSI and January spousal-impoverishment standards · Effective: Effective January 1, 2026 · Checked September 5, 2026

One-person resource limit
$2,000Verified
  • Applies to: one-person need group.

Source: Oregon Administrative Rule 461-160-0015 · Effective: Effective October 1, 2024 · Checked September 5, 2026

Two-person resource limit
$3,000Verified
  • Applies to: two-person need group.

Source: Oregon Administrative Rule 461-160-0015 · Effective: Effective October 1, 2024 · Checked September 5, 2026

Community-spouse resource allowance
$32,532 minimum to $162,660 maximumVerified
  • Applies to: one-half of combined countable resources, subject to court-order and income-generation adjustments.

Source: Oregon Administrative Rule 461-160-0580 · Effective: Effective January 1, 2026 · Checked September 5, 2026

Community-spouse monthly maintenance-needs allowance
$2,705 base; $811.50 excess-shelter threshold; $4,066.50 maximumVerified
  • Applies to: base plus allowable shelter costs above the threshold, capped at the maximum.

Source: Oregon Administrative Rule 461-160-0620 · Effective: Effective July 6, 2026 · Checked September 5, 2026

Home-equity limit
$752,000Verified
  • Applies to: applicant without a listed spouse, qualifying child or dependent-relative, legal-inability, occupancy, or sale exception.

Source: Oregon Administrative Rule 461-145-0220 · Effective: Effective January 1, 2026 · Checked September 5, 2026

Medicaid look-back

Medicaid dataset 2026.v16

Look-back period
60 monthsVerified

Source: Oregon Administrative Rule 461-140-0210 · Effective: Effective July 18, 2023 · Checked September 5, 2026

Transfer-penalty divisor
$14,585 per month for an initial month on or after October 1, 2024Verified

Source: Oregon Administrative Rule 461-140-0296 · Effective: The $14,585 initial-month divisor in subsection (2)(m) is marked applicable October 1, 2024 · Checked September 5, 2026

How the state administers the penalty
Divide uncompensated value by $14,585 without rounding. Whole numbers are full months; the fraction converts to days using the following month's day count, with a fractional day rounded down. The period starts on the request date or first later otherwise-eligible date.Verified

Source: Oregon Administrative Rule 461-140-0296 · Effective: The $14,585 initial-month divisor in subsection (2)(m) is marked applicable October 1, 2024 · Checked September 5, 2026

Medicaid estate recovery

Medicaid dataset 2026.v16

Recovery scope
Expanded recovery includes property or beneficial interests held at death and traceable through tenancy by the entirety, joint tenancy, tenancy in common, survivorship, life estate, transfer-on-death deed, living trust, and similar arrangements.Verified

Source: Oregon Administrative Rule 461-135-0832 · Also: Oregon Administrative Rule 461-135-0835 · Effective: Effective February 24, 2021 · Checked September 5, 2026

Controlling authority
Oregon Administrative Rules 461-135-0832 and 461-135-0835Verified

Source: Oregon Administrative Rule 461-135-0832 · Also: Oregon Administrative Rule 461-135-0835 · Effective: Effective February 24, 2021 · Checked September 5, 2026

Exemptions and deferrals
A correctly paid medical-assistance claim is deferred through the surviving spouse's life and while a child is under 21, has a disability, or has a visual impairment.Verified

Source: Oregon Administrative Rule 461-135-0835 · Effective: Effective October 1, 2024 · Checked September 5, 2026

Hardship waiver
The Department may waive all or part of a recovery claim when enforcement would make the applicant eligible for assistance or homeless; relief may include forgiveness or a mortgage or trust deed, but not hardship created through estate-planning transfers intended to avoid recovery.Verified

Source: Oregon Administrative Rule 461-135-0841 · Effective: Effective January 1, 2014 · Checked September 5, 2026

Lien practice
Oregon may record a request for notice of a transfer or encumbrance of real property held by a medical-assistance recipient. The statute expressly says that request does not affect title and is not a lien, encumbrance, or other interest in the property.Verified

Source: Oregon Revised Statutes section 411.694 and Oregon Laws 2013 chapter 688 · Effective: Section 58 operative January 1, 2014; Act effective July 29, 2013 · Checked September 5, 2026

State income tax on retirement income

Retirement-income tax dataset 2026.v4

Social Security benefits
Pending

Primary-source classification has not yet been completed for this income type.

Public pensions
Pending

Primary-source classification has not yet been completed for this income type.

Private pensions
Pending

Primary-source classification has not yet been completed for this income type.

IRA and 401(k) distributions
Pending

Primary-source classification has not yet been completed for this income type.

Military retirement pay
Pending

Primary-source classification has not yet been completed for this income type.

About this page

This page assembles entries from datasets the site already publishes; it adds no figure of its own. Entries marked “Not yet verified” or “Pending” have no primary-source value in the underlying dataset yet. Rules change, so confirm anything you plan to act on with the source, the state agency, or a licensed attorney.

All states