Julia and Daniel Rice advise clients regarding the estate tax implications of their estate and methods to minimize their federal and state estate tax exposure, including the creation of irrevocable trusts, such as spousal lead access trusts, gift trusts, charitable remainder trusts, and irrevocable life insurance trusts.

Estate Tax. The estate tax is a tax on your right to transfer property at your death. The fair market value of your gross estate is used to calculate the amount of tax due. A filing of the Federal estate tax is due for estates with combined gross assets and prior taxable gifts exceeding $12,060,000 in 2022. A filing of the Oregon estate tax return is due for estates with combined gross assets exceeding $1,000,000. Given Oregon’s threshold of $1,000,000 versus the federal threshold of $12,060,000, more clients are concerned about the Oregon estate tax than the federal estate tax. Julia and Daniel prepare state estate tax returns (Form OR-706, Oregon Estate Transfer Tax Return).

Marital Deduction. The unlimited marital deduction allows an individual to transfer an unrestricted amount of assets to his or her spouse at any time, including at the death of the transferor, free from tax. Even though no tax is due, however, an estate tax return must be filed if the filing thresholds are met. 

Glossary of Terms


“Decedent” means a person who has died. ORS 111.005(8).


“Will” includes codicil and also includes a testamentary instrument that merely appoints a personal representative or that merely revokes or revives another will. ORS 111.005(31).

Intestate Succession

“Intestate succession” means succession to property of a decedent who dies intestate or partially intestate. ORS 111.005(21).


“Intestate” means one who dies without leaving a valid will, or the circumstance of dying without leaving a valid will, effectively disposing of all the estate. ORS 111.005(20).


“Devisee” means a person designated in a will to receive a devise. ORS 111.005(12).


“Heir” means any person who is or would be entitled under intestate succession to property of a person upon that person’s death. ORS 111.005(18).


(a) “Estate” means the real and personal property of a decedent, as from time to time  changed in form by sale, reinvestment, substitutions or otherwise, augmented by any accretions or additions or diminished by any decreases or distributions.

(b) “Estate” includes tangible and intangible personal property of a decedent domiciled in Oregon, wherever the property is situated. ORS 111.005(15).

Personal Representative

“Personal representative” includes executor, administrator, administrator with will annexed and administrator de bonis non, but does not include special administrator. ORS 111.005(26). In other words, the personal representative is the person who is appointed in the will or by the court to administer the decedent’s estate.

Interested Person

“Interested person” includes heirs, devisees, children, spouses, creditors and any others having a property right or claim against the estate of a decedent that may be affected by the proceeding. “Interested person” also includes fiduciaries representing interested persons. ORS 111.005(19).