US Probate Calculator
Oregon Statutory Schedule (2026 Release)

Oregon Probate Fee Calculator (2026)

Estimate attorney statutory fees, executor commissions, and court costs under ORS 116.173.

Fact-Checked & Verified
Statutory Authority: ORS 116.173
2026 Statutory Probate Costs Updated

Calculate Oregon Probate Costs

Choose your state, enter your gross estate value, and optional asset details below to view instant cost breakdowns and statutory limits.

50 States Supported
Before deducting debts
$
$10k $1M $2.5M $5M+
3. Asset Breakdown & Classification (Optional) Affects affidavit rules
$

Included in gross probate value

$

Trusts, POD accounts & 401ks

California Probate Code § 10800 & § 10810

California enforces strict statutory fees for both attorneys and executors. Fees are calculated on gross estate value without deducting mortgages.

Small Estate Eligible

Estate is below the $184,500 threshold for simplified procedure.

Estimated Total Probate Fees
$26,435 5.29%

Combined statutory attorney, executor & court costs

Attorney Statutory Fee: $13,000
Executor Commission: $13,000
Court Filing Fee: $435
Total Estate Value (Inc. Non-Probate): $500,000
Gross probate ($500,000) + Non-probate ($0)
Estimated Net to Beneficiaries
$473,565
Includes net probate assets plus non-probate transfers

Calculated under California Probate Code § 10800.

Overview of Oregon Probate Laws & Fee Guidelines

In Oregon, probate administration is governed under court-approved reasonable fee benchmarks pursuant to ORS 116.173. Local probate judges evaluate fiduciary and attorney compensation based on estate complexity, time expended, and customary county standards.

In Oregon, probate administration costs consist of three core components: attorney fees, executor commissions, and court filing costs. Total probate costs are calculated based on the gross value of all probate assets (including real estate) without deducting existing mortgages or liabilities.

Oregon Legal Nuance & Key State Quirk

Oregon Circuit Courts enforce statutory compensation scales for personal representatives under ORS 116.173 (7% on first $1k down to 2% over $50k plus 1% on non-probate property).

Oregon Probate Process & Fee Schedule Overview

Oregon probate is governed under ORS Chapter 116. Statutory personal representative fees are set under ORS 116.173: 7% on the first $1,000, 4% on $1k-$10k, 3% on $10k-$50k, 2% above $50,000, plus 1% on non-probate property. Estates under $275,000 ($200k real estate / $75k personal property) qualify for Simple Estate Affidavit procedures.

Fee Calculation Type
sliding scale
Small Estate Limit
$275,000
Base Court Petition Fee
$350

Sample Oregon Probate Fee Breakdown Table

Estimated statutory legal counsel rates, executor fees, and county filing costs across sample estate valuations under ORS 116.173.

Gross Estate Attorney Fee Executor Fee Court Cost Est. Total Cost Effective %
$100,000 $5,329.8 5.33%
$250,000 $12,647.98 5.06%
$500,000 $24,440.9 4.89%
$1,000,000 $46,511.62 4.65%
$2,000,000 $84,592.42 4.23%
$5,000,000 $150,350 3.01%

Executor & Personal Representative Commission Rules in Oregon

The executor or administrator of an estate in Oregon assumes significant fiduciary responsibilities, including inventorying property, paying creditors, filing tax returns, and distributing assets. Under ORS 116.173, executors are legally entitled to reasonable compensation or statutory commissions for their time and effort.

Key rules governing executor commissions in Oregon:

  • Statutory Rates & Sliding Scales: Commissions are evaluated on a structured tiered scale or reasonable percentage curve based on gross probate property value.
  • Tax Implications: Executor fees are treated as taxable ordinary income. Family member executors often choose to waive fees to receive a tax-free inheritance instead.
  • Extraordinary Services: If the executor performs exceptional duties (such as conducting ongoing business operations or litigating tax disputes), the court may grant additional extraordinary fees.

Attorney Statutory Fees & Court Costs in Oregon

Retaining experienced legal counsel is customary for formal probate in Oregon. Attorney fees are either mandated by state statutory fee schedules (such as California and Florida) or determined by court-approved reasonable rates.

In addition to legal fees, estate administration incurs unavoidable court fees:

1
Initial Petition Filing Fee
Baseline court filing fee of approximately $350 required upon filing probate petition.
2
Publication & Notice Fees
Mandatory legal notices published in local newspapers to notify potential creditors.
3
Probate Referee / Appraisal Fees
Official court-appointed appraisals required for valuing real estate and physical property.

Small Estate Affidavit & Non-Probate Asset Exemption

Not all estates in Oregon require full court probate. If the total gross probate value is equal to or less than $275,000, beneficiaries may utilize Simple Estate Affidavit to transfer property rapidly without formal court intervention.

Furthermore, assets that bypass probate entirely in Oregon include:

Revocable Living Trusts
Joint Tenancy with Right of Survivorship
Payable-on-Death (POD) Accounts
401(k)s & IRAs with Named Beneficiaries
Probate Assets (Fee Applicable)
  • • Real estate titled solely in decedent's name
  • • Bank accounts with no named POD beneficiary
  • • Vehicles, personal property, and collections
  • • Sole proprietorships & unincorporated businesses
Non-Probate Assets (Zero Court Fees)
  • • Assets transferred into a Revocable Living Trust
  • • Real property in Joint Tenancy with Survivorship
  • • 401(k), IRA & Life Insurance with beneficiaries
  • • Bank/Brokerage accounts with TOD/POD registrations

Oregon Estate Probate Timeline & Procedure

Estate administration in Oregon follows four primary procedural stages under ORS 116.173:

Step 1: Petition Filing & Letters

Filing initial petition with county probate court and obtaining formal Letters of Administration.

Step 2: Inventory & Appraisal

Cataloging estate assets and calculating gross fair market valuation for statutory rate assessment.

Step 3: Creditor Notice Window

Publishing mandatory legal notice and waiting for state statutory creditor claim windows to expire.

Step 4: Final Accounting & Distribution

Paying statutory commissions, filing court final accounts, and transferring net remainders to heirs.

Oregon Estate & Inheritance Tax Rules

State Estate Tax

Oregon assesses a state estate tax on estates exceeding $1,000,000 with rates scaling from 10% to 16%.

Note on Tax vs Probate: Probate fees are court and attorney administrative charges, while estate/inheritance taxes are levied by state or federal departments of revenue.

Oregon Executor 30-Day Action Checklist

Track your essential fiduciary duties step-by-step. Progress is saved automatically.

Frequently Asked Questions (Oregon Probate)

How are executor fees calculated in Oregon?
ORS 116.173 establishes tiered statutory rates (7% on first $1k down to 2% over $50k, plus 1% for non-probate assets).
What is Oregon's Simple Estate limit?
Oregon allows Simple Estate Affidavits for estates up to $275,000 (max $200k real property and $75k personal property).
How are probate fees calculated in Oregon?
In Oregon, probate compensation is governed under ORS 116.173 using court-approved reasonable fee benchmarks. County probate judges evaluate attorney and executor fees based on administrative complexity, time expended, and standard county bar rates.
What is the small estate limit in Oregon?
The small estate threshold in Oregon is $275,000. Estates whose gross probate assets fall below this amount can bypass formal court administration using Simple Estate Affidavit.
Are executor commissions mandatory in Oregon?
Executors in Oregon have a legal right to statutory compensation for fulfilling fiduciary duties. However, family member executors frequently choose to waive these fees because executor commissions are taxable as ordinary income, whereas direct inheritance is generally tax-free.
Which assets bypass probate in Oregon?
In Oregon, non-probate assets that transfer automatically without court involvement include assets held in a Revocable Living Trust, real property held in Joint Tenancy with Right of Survivorship, bank accounts with Payable-on-Death (POD) designations, and retirement plans or life insurance policies with named living beneficiaries.

Essential Guides & Fiduciary Tools

Compare Other State Probate Fee Calculators

Statutory probate percentages, executor compensation caps, and small estate affidavit limits vary across US states:

Statutory Sources & Legal Reference

Statutory fee calculations for Oregon are based on ORS 116.173 and local county probate court guidelines. Calculations assume an ordinary, uncontested estate administration. Contested probate litigation or extraordinary estate services may result in additional court-approved fees.

Disclaimer: US Probate Calculator is an educational estimation tool and does not provide legal representation. If you require legal advice or court representation, please consult a qualified estate planning attorney licensed in Oregon.