Educational guide — not legal advice. Laws and figures change; confirm current details with a licensed Oregon attorney before relying on them.
The short answer
Oregon does not set probate fees by statute. Costs depend on the attorney’s billing arrangement, the type of administration, and the size and complexity of the estate. Here’s what to expect, and the ways many families avoid full probate entirely.
Attorney fees
Not a statutory percentage. Oregon attorneys charge a reasonable fee (hourly, often ~$250–$450/hr, or flat), determined under ORS 116.183 and subject to court approval. Expect roughly $2,500–$6,000+ for an uncomplicated estate.
Executor / personal representative fees
Set by statute under ORS 116.173: 7% of the first $1,000, 4% of the next $9,000 (above $1,000 up to $10,000), 3% of the next $40,000 (above $10,000 up to $50,000), and 2% of everything above $50,000 — plus 1% of property not subject to the court's jurisdiction but reportable for Oregon or federal estate tax (excluding life insurance). The court may allow more for extraordinary services.
What the fee is based on
The ORS 116.173 commission is figured on property subject to the court's jurisdiction (the probate estate), with an added 1% on certain non-probate assets reportable for estate-tax purposes.
Court filing fees
Probate petition filing fees under ORS 21.170 scale with estate value: $278 if 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.
Appraisal / probate referee
How long probate takes in Oregon
About 6 to 12 months for a routine case; Oregon probate must stay open a minimum of four months to allow for creditor claims, and complex estates can run a year or more. Contested estates, missing heirs, or real estate sales can extend that.
How to skip full probate (or shrink the bill)
- Small-estate procedure. A small-estate (simple estate) affidavit under ORS 114.505–114.560 is available when personal property is $75,000 or less and real property is $200,000 or less — a combined cap of $275,000.
- Real-property shortcut. Real property up to $200,000 in value can pass through the small-estate (simple estate) affidavit under ORS 114.505 et seq. without full probate, as long as personal property is $75,000 or less.
- A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
- Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
- Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.
Do you need a lawyer?
For most Oregon estates that go through full probate, yes — the court process has formal requirements and missed deadlines can cost more than the legal fees they were meant to avoid. For genuinely simple estates, or where a small-estate procedure applies, many families handle it themselves or use a legal document preparer for a flat fee.
The honest takeaway
The cheapest probate cost is the one you avoid in advance — by titling assets correctly, keeping beneficiary designations current, and, where it makes sense, using a living trust. If your estate is likely to exceed Oregon’s small-estate thresholds, it’s worth talking to a licensed Oregon estate attorney while you still have the option to plan.
Related reading
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What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.
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How to Avoid Probate in Oregon — the state-specific avoidance playbook.
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How Long Does Probate Take in Oregon? — the companion timeline guide for Oregon.
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Will vs. Trust: Which Do You Need? — for Oregon residents weighing whether a trust is worth it.
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Estate Planning Checklist: Everything in One Place — the documents and decisions that make probate easier (or unnecessary).
This page explains Oregon probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the Oregon courts or a licensed Oregon attorney. Sources: ORS 116.173, ORS 116.183, ORS 114.505, ORS 115.005, ORS 93.948, ORS 130.001, ORS Chapter 118, ORS 21.170.