Do I need a will if I have a trust?

Yes. Even with a living trust, you need a pour-over will to capture any assets that weren't transferred into your trust during your lifetime. Without one, those assets pass through Oregon's intestacy laws rather than according to your wishes.

What is the difference between a will and a living trust?

A will takes effect at death and must go through probate before assets are distributed. A living trust takes effect immediately, avoids probate, and allows for faster, private transfer of assets to your beneficiaries. Trusts also provide better protection for blended families and beneficiaries who are minors or have special needs.

How much does estate planning cost in Oregon?

Track Town Law offers flat-fee estate planning services in Oregon and Idaho. Fees vary based on the complexity of your plan — whether you need a simple will package, a full revocable living trust plan, or a more complex plan involving Medicaid planning or special needs considerations. Consultations are free.

Do I need an LLC for my small business in Oregon?

Most small business owners in Oregon benefit from forming an LLC. It separates your personal assets from business liabilities, can provide tax flexibility, and signals credibility to clients and vendors. The key is not just forming the LLC but setting it up correctly with an operating agreement, a dedicated bank account, and an EIN.

What does Medicaid planning involve?

Medicaid planning involves structuring your assets and income to qualify for Oregon Medicaid long-term care benefits while protecting as much of your estate as possible. This may involve Medicaid Asset Protection Trusts, spousal protection strategies, and coordinating with VA benefits if applicable. Planning works best when started at least five years before care is needed.

Can I work with Track Town Law if I don't live in Eugene?

Yes. Track Town Law is a fully virtual firm serving clients throughout Oregon and Idaho. All meetings are conducted by video or phone, and documents are signed electronically. You never need to come to an office.

What is Oregon's estate tax threshold?

Oregon imposes its own estate tax with a threshold of $1 million — significantly lower than the federal exemption of $15 million. This means many Oregon families who wouldn't owe federal estate tax may still owe Oregon estate tax. Proper planning with trusts and other strategies can reduce or eliminate this exposure.

How do I get started with Track Town Law?

Start with a free consultation. You can book online at tracktownlaw.com/book-now. Consultations are conducted by video or phone and typically last 30 to 45 minutes. There is no obligation and no charge for the initial meeting.

How You Hold Title Matters—Joint Ownership Types in Oregon Explained

May 16

Written By Jared Hight

In Oregon, joint ownership of real estate comes in three forms — tenancy by the entirety, joint tenancy with right of survivorship, and tenancy in common. The form you choose determines what happens when a co-owner dies, whether probate is required, and whether your will controls anything at all.

If you co-own real estate, a bank account, or other titled property in Oregon, you're already participating in an estate plan — even if you didn't know it.

That's because joint ownership in Oregon is not one-size-fits-all. How you hold title affects what happens when one co-owner dies — whether the asset avoids probate, gets divided, or ends up in litigation depends entirely on a few words buried in your deed or account paperwork. And in Oregon, those words carry specific legal meaning under ORS 93.180.

Here's a breakdown of the three most common forms of joint ownership in Oregon, what each one means for your estate plan, and how to make sure your title structure is actually doing what you think it is.

Tenancy by the Entirety in Oregon

Who can use it: Only married couples or registered domestic partners in Oregon.

Tenancy by the entirety (TBE) is the default form of ownership when a married couple purchases real estate in Oregon — it's created automatically unless the deed clearly states otherwise. Under ORS 93.180, a conveyance to spouses creates a tenancy by the entirety unless a contrary intent is expressly declared.

When you own property as tenants by the entirety in Oregon:

Both spouses own the entire property — not just a 50% share
Neither spouse can sell or encumber the property without the other's consent
When one spouse dies, the survivor automatically becomes sole owner
The transfer avoids probate entirely
In most cases, a creditor of one spouse cannot force a sale of the property — TBE provides strong creditor protection that other forms of joint ownership do not

Estate planning consideration: TBE avoids probate at the first death, but not at the second. The surviving spouse still needs a plan. TBE can also complicate Medicaid planning, trust-based strategies, or gifting if not handled intentionally. If your home is titled as tenants by the entirety and you're doing broader estate planning, your attorney needs to know — as covered in the revocable living trust post, how you hold title directly affects whether a trust can do its job.

Joint Tenancy with Right of Survivorship in Oregon

Who can use it: Anyone — friends, siblings, parents and adult children, unmarried couples.

Joint tenancy with right of survivorship (JTWROS) allows two or more people to own property together with an automatic transfer to the surviving co-owners at death. Unlike tenancy by the entirety, it's available to any co-owners, not just spouses.

One important Oregon-specific rule: joint tenancy in real property is effectively abolished by default under ORS 93.180. Simply using the words "joint tenants" on a deed is not enough — the deed must clearly and expressly state a right of survivorship, or Oregon courts will treat the ownership as tenancy in common. Language like "with the right of survivorship and not as tenants in common" is required to make the intent clear.

When properly created, joint tenancy with right of survivorship in Oregon means:

Each owner holds an equal share
When one owner dies, their share automatically passes to the surviving co-owners
The transfer avoids probate
Any co-owner can sell or transfer their share during their lifetime, which would sever the joint tenancy

This structure is often used to simplify inheritance of homes or bank accounts between family members or partners. But it creates problems if one owner wants to sell, there's a falling out between co-owners, or an heir expected to inherit discovers the property bypassed the will entirely.

Estate planning consideration: Be cautious about adding children to title as joint tenants. This may trigger gift tax consequences, complicate Medicaid eligibility, expose the property to the child's creditors, or create capital gains tax issues that wouldn't exist if the property passed at death instead. As covered in the beneficiary designations post, there are often better tools for passing assets to the next generation without the risks of joint ownership.

Tenancy in Common in Oregon

Who can use it: Anyone. This is the default form of ownership for unmarried co-owners in Oregon.

Tenancy in common is the most flexible form of joint ownership — and the most likely to require probate when a co-owner dies. Under Oregon law, a conveyance to two or more unmarried persons is presumed to create a tenancy in common unless a survivorship right is expressly stated.

In a tenancy in common:

Each co-owner holds a distinct, undivided interest in the property
Shares can be unequal — one owner can hold 70%, another 30%
Each owner's share is part of their probate estate when they die
Any co-owner can sell or transfer their share without the others' permission
There is no automatic right of survivorship

When a tenant in common dies, their share passes through probate and is distributed according to their will — or Oregon intestacy law if there's no will. The surviving co-owners continue to hold their shares, but the deceased owner's share goes wherever the estate plan (or the courts) direct it.

Tenancy in common is commonly used in business arrangements, investment property, or inherited family land where co-owners want flexibility and don't intend survivorship. But if your goal is to avoid probate or simplify inheritance, tenancy in common works against you.

Estate planning consideration: If you own property as tenants in common and want to avoid probate, a transfer-on-death deed or a [revocable living trust] is typically the right tool. Both can keep your share of the property out of probate without requiring the consent of your co-owners.

Joint Ownership and Bank Accounts in Oregon

The same principles apply to financial accounts. Oregon banks typically offer several titling options:

Joint with right of survivorship — the surviving account holder inherits automatically
POD (payable on death) — the named beneficiary receives the funds outside of probate
Individual — the account is part of your probate estate

Check your account paperwork carefully. Your will does not control jointly held accounts or accounts with a POD designation — those pass by contract, not by estate plan. As covered in the non-probate transfers post, beneficiary designations and joint account titling are often the most powerful parts of an Oregon estate plan, and the most commonly overlooked.

Why Joint Ownership in Oregon Matters for Your Estate Plan

People frequently assume their estate plan lives in their will. But in Oregon, your deed may override your will. Your bank account paperwork may control who inherits your money. And unless your titled assets are coordinated with your estate plan, your heirs may face confusion — or worse, litigation.

Even a well-drafted will or trust can be undermined by a poorly understood deed. The most common scenario: a married couple creates a revocable living trust intending to avoid probate, but never re-titles their home into the trust. At the first death, the TBE ownership handles it. At the second death, the home goes through probate anyway — because the trust was never funded.

If you don't know exactly how your property is titled, or how that title will function at death, that's worth finding out before it becomes your family's problem.

Bottom Line

In Oregon, joint ownership comes in three forms — tenancy by the entirety, joint tenancy with right of survivorship, and tenancy in common — and each one has different consequences for probate, creditor protection, and your estate plan. The right choice depends on who you're co-owning with, what you want to happen when you die, and how the titled asset fits into your broader plan.

I offer flat-fee estate planning that includes a full review of deeds, titles, and beneficiary designations. If you want to make sure your legal documents and your real-world assets are actually working together, schedule a consultation here.

This post is for general informational purposes only and does not constitute legal advice. Property ownership laws are specific to individual circumstances. Contact a licensed Oregon estate planning attorney to discuss your situation.