The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Oregon with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page Oregon reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our Oregon probate pages.
Oregon probate fees
| Item | Oregon |
|---|---|
| Court filing fee | 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. |
| 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. |
| Fee basis | statutory |
Worked example
On a $500,000 Oregon estate the statutory commission is about $10,630: 7% of the first $1,000 ($70) + 4% of the next $9,000 ($360) + 3% of the next $40,000 ($1,200) + 2% of the remaining $450,000 ($9,000). The estate's attorney fee is separate.
Oregon thresholds and deadlines
| Item | Oregon |
|---|---|
| Small-estate threshold | 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. |
| Creditor claim period | Claims are barred unless presented within four months after the date of first published notice to interested persons (or 45 days after a mailed notice, if later), under ORS 115.005. |
| Typical duration | 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. |
| Simplified real-property transfer | 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. |
| Transfer-on-death deed | Oregon allows a Transfer-on-Death deed for real estate under the Uniform Real Property Transfer on Death Act, ORS 93.948–93.979 (effective 2012). Title passes to the named beneficiary at death without probate. |
What passes outside Oregon probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- Transfer-on-death deed — Oregon allows a Transfer-on-Death deed for real estate under the Uniform Real Property Transfer on Death Act, ORS 93.948–93.979 (effective 2012). Title passes to the named beneficiary at death without probate.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: ORS 116.173; ORS 116.183; ORS 114.505; ORS 115.005; ORS 93.948; ORS 130.001; ORS Chapter 118; ORS 21.170
- State authority: Oregon Revised Statutes (Oregon State Legislature, oregonlegislature.gov)
- Executor fees: https://oregon.public.law/statutes/ors_116.173
- Small-estate procedure: https://oregon.public.law/statutes/ors_114.515
- Creditor claim period: https://oregon.public.law/statutes/ors_115.005
- Court filing fees: https://oregon.public.law/statutes/ors_21.170
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the Oregon court before relying on it.
The full Oregon guides
- How Much Does Probate Cost in Oregon? — the full cost breakdown.
- How Much Does an Executor Get Paid in Oregon? — the fee rule in detail.
- How Long Does Probate Take in Oregon? — the timeline and its statutory floor.
- Executor Deadlines in Oregon — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in Oregon — the transfers that pass outside it.
- How Much Does a Will Cost in Oregon? — execution requirements and pricing.
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This sheet sets out Oregon probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the Oregon courts or a licensed Oregon attorney.