Probate · OR
Oregon probate: fees and how long it takes
Oregon sets the personal representative’s fee by a steep-then-flat percentage, prices the court filing by the size of the estate, and lets small estates pass real property by affidavit.
Rules read on official Oregon pages on · Checked by Radif Partners · How we calculate
- Creditor claim period
- 4 months
- Small-estate limit
- $75,000
- Executor and attorney fees
- Set by statute
- Statutory fees, $500,000 estate
- $10,630
Oregon probate fees for the personal representative are fixed by ORS 116.173: 7% of the first $1,000, 4% up to $10,000, 3% up to $50,000 and 2% of everything above, computed on probate property including income and gains, plus 1% of non-probate property other than life insurance that is reportable for estate tax. A $250,000 probate estate earns $5,630, a $420,000 one $9,030. Attorney fees are allowed by the court as reasonable. The court's own fee to appoint a personal representative depends on the estate: $278 under $50,000, $591 from there to under a million dollars, more above. On timing, creditors must present claims within 4 months after the notice to interested persons is first published, or 45 days after a mailed notice if later, and the final account and closing judgment come after that, so an orderly Oregon probate stays open for some time past that window. Estates within the simple estate limits, $75,000 of personal property and $200,000 of real property, can use an affidavit instead.
Statutory fees and court fee in Oregon
$10,630
2.1% of the estate · at least 10 months before final distribution
| Personal representative commission on property subject to the court (ORS 116.173(3)(a)) | $10,630 |
| Court filing fee | set by the county |
| Creditor claim period | 4 months |
| Small-estate limit | $75,000 |
Commission on non-probate property reportable for estate tax (ORS 116.173(3)(b)): charged on other assets than the probate estate, not included above.
Estimate under the Oregon probate statutes. Publication, bond, appraisal, extraordinary services and the estate's own taxes are extra. How this is calculated.
7% of almost nothing
The top rate in ORS 116.173 looks generous until you see where it stops: 7% applies to the first $1,000 only, then 4% to $10,000 and 3% to $50,000. Past that point the rate is 2%. For a Eugene estate with $420,000 of probate property, a house and accounts, the commission is $9,030, an effective rate of 2.2%. The base uses the highest value reported for the property and adds income and gains, realized or not, so a house that appreciates during administration raises the fee slightly. A will can set a different amount, and the court can allow more for extraordinary services.
The 1% on assets outside probate
Oregon is one of the few states that pays the personal representative something on property that never enters probate. If the same decedent also had a $300,000 payable-on-death account that must be reported for Oregon or federal estate tax, the representative is entitled to 1% of it, $3,000. Life insurance is excluded. Most estates owe no estate tax report and never trigger this line. The calculator keeps this line out of its total and shows it separately, because it is computed on assets outside the estate you enter.
An affidavit that can carry a house
Unlike most small estate procedures, the Oregon simple estate affidavit under ORS 114.505 to 114.560 can transfer real property. It is filed with the probate court and works when no more than $75,000 of the estate is personal property and no more than $200,000 is real property. A Bend estate with $70,000 of accounts and a $190,000 cabin fits both limits. Creditors then have 4 months after filing to present claims to the affiant. Neither limit is indexed.
Court fees by band
ORS 21.170 prices the petition by estate size, and accountings follow similar bands. The calculator does not add the fee automatically because it depends on the band you fall into. The Eugene estate sits in the $591 band.
What we could not verify
The Oregon Legislature's site refused our connections, so the ORS chapters were read from archive copies of the official pages. ORS 116.183 on attorney fees and the statutory timetable for the final account were not read, which is why this page gives no closing deadline. To the north, Washington has no percentage at all.
The Oregon probate rules this calculator applies
| Estate value | Personal representative commission on property subject to the court (ORS 116.173(3)(a)) | Commission on non-probate property reportable for estate tax (ORS 116.173(3)(b)) |
|---|---|---|
| $100,000 | $2,630 | $1,000 |
| $250,000 | $5,630 | $2,500 |
| $500,000 | $10,630 | $5,000 |
| $1,000,000 | $20,630 | $10,000 |
| $2,000,000 | $40,630 | $20,000 |
Creditor claims. A claim is barred from payment unless presented within its limitation period and before the later of 4 months after publication of notice to interested persons or, for creditors entitled to mailed notice, 45 days after that notice; late claims may still be paid before the final account in limited cases (ORS 115.005(2),(3)). source
Closing the estate. Not verified: the final account (ORS 116.083) follows the 4-month claims period of ORS 115.005; the court then enters a general judgment closing the estate (ORS 116.093). source
Small estates. Simple estate affidavit filed with the probate court when not more than $75,000 of the estate is personal property (other than manufactured homes) and not more than $200,000 is real property and manufactured homes (ORS 114.510(1)(a), 114.515); claims may be presented to the affiant within 4 months after filing. Not indexed. source
Simplified procedure. Simple estate affidavit for estates within the $75,000 personal / $200,000 real property limits, real property included (ORS 114.505 to 114.560). source
Filing fee. Fee for a petition to appoint a personal representative: $278 if the estate is under $50,000; $591 from $50,000 to under $1 million; $882 from $1 million to under $10 million; $1,176 at $10 million or more; accounting fees $35 to $1,176 by the same bands (ORS 21.170). source
Personal representative. Commission on the whole estate: 7% of the first $1,000, 4% from $1,000 to $10,000, 3% from $10,000 to $50,000 and 2% above $50,000 of property subject to the court's jurisdiction (including income and gains), plus 1% of non-probate property (excluding life insurance) reportable for estate tax; further just and reasonable compensation for extraordinary services (ORS 116.173). source
Attorney. No statutory attorney schedule in the sections read; attorney fees are allowed by the court as reasonable (ORS 116.183, not read).
Personal representative commission on property subject to the court (ORS 116.173(3)(a)). 7% of any sum not exceeding $1,000; 4% above $1,000 to $10,000; 3% above $10,000 to $50,000; 2% above $50,000 (ORS 116.173(3)(a)). source
Commission on non-probate property reportable for estate tax (ORS 116.173(3)(b)). 1% of property not subject to the court's jurisdiction but reportable for Oregon or federal estate tax, excluding life insurance (ORS 116.173(3)(b)). source