Estate planning · Wills and trusts
Living Trust vs. Will in Oregon
What each document does, what each costs at my flat fees, and the one thing neither of them does.
Book a free 15-minute callSee flat fees →Free 15-minute call · straight to my calendar · I will tell you if your situation needs more than a flat-fee plan
The short answer
A will names who gets your property, and it is carried out through probate. A living trust, once funded, is designed to pass what it holds outside probate. Neither one protects your assets from creditors. Which you need depends on what you own and where; I tell you on a 15-minute call.
Side by side
Carried out through probate. $1,000 individual, $1,400 married couple.
See pricing →A funded trust is designed to pass outside probate. $2,550 individual, $3,250 married couple, including the deed for your home.
See pricing →Neither is asset protection. Both plans include a durable financial power of attorney, advance directive, and HIPAA authorization for incapacity.
Still deciding? I walk through the four questions that settle it in Do I need a living trust in Oregon? If you are remarried with children from before, read estate planning for second marriages first. Parents of young children should read what your will does when you name a guardian. Weighing an online service instead? See online forms, AI, or a lawyer.
A trust only works if it is funded
A trust controls only what is titled in its name. I handle the deed for your primary residence. You retitle your other accounts with my written instructions and checklist. See funding your living trust.
What a revocable trust does not do
A living trust is not asset protection. A revocable trust is yours: you can change it, revoke it, and take everything back, so your creditors can reach it too. It avoids probate. It does not stop a lawsuit. If you own a business, practice medicine, hold rental property, or have real creditor exposure, see how asset protection works.
Married with more than $1 million?
Neither a simple will nor a basic trust addresses Oregon’s estate tax by itself. See Oregon’s $1 million estate tax.
For the numbers at each estate size, see Oregon estate tax rates.
Frequently asked questions
Does a will avoid probate?
No. A will is carried out through probate.
Does a living trust avoid probate?
A funded living trust is designed to pass what it holds outside probate. Anything not titled in the trust can still require probate.
Does a living trust protect my assets from creditors?
No. A revocable living trust is yours to change or revoke, so it does not protect assets from creditors or lawsuits.
Which costs more?
A simple will is $1,000 or $1,400 for a married couple. A living trust is $2,550 or $3,250 and includes the deed for your primary residence.
Do I still need a will if I have a living trust?
Yes. The Living Trust plan includes a pour-over will, which directs anything left outside the trust into it.
About your attorney
Brian T. Bradley, Esq.
Licensed in Oregon, Washington & California · Based in Wilsonville
I draft every plan myself, and you talk to me, not a paralegal, from the planning call through signing. My main practice is asset protection for clients nationwide. I offer flat-fee estate planning to families here in the Portland metro and Southwest Washington because most of them need a clean, correct plan at a known price, not a custom engagement.
Structure before stress.
Get the plan done while it is simple.
Book a free 15-minute call. I will tell you which flat-fee plan fits, or tell you if you need something I do not offer.
Book a free 15-minute callAttorney advertising. Brian T. Bradley, Esq., Bradley Legal Corp, Wilsonville, Oregon. Licensed in Oregon, Washington, and California. This page is general information, is not legal or tax advice, and does not create an attorney-client relationship. Tax figures are stated as of October 2026 and can change. No plan guarantees a particular tax result.