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.
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.
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. In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.
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.
- 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.
- 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.
Frequently asked questions about probate cost in Oregon
How much does probate cost in Oregon?
Oregon doesn't fix attorney fees by statute, but it sets the personal representative's commission on a sliding scale — 7% of the first $1,000 down to 2% above $50,000, plus 1% of non-probate assets reportable for estate tax. Attorney fees are 'reasonable,' so a routine estate commonly runs about $3,000 to $7,000 all-in. The bigger planning issue in Oregon is its estate tax, which kicks in at just $1,000,000.
What is the small-estate limit in Oregon?
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.
Who pays the probate costs in Oregon?
The estate does. Attorney fees, the executor’s commission, court filing fees, and any appraisal costs are all paid out of the estate’s assets before anything is distributed to the beneficiaries — so in practice the heirs bear the cost through a smaller inheritance rather than paying out of pocket.
Can you avoid probate costs in Oregon?
Often, yes. Oregon's standout planning issue isn't probate cost — it's the state estate tax that starts at just $1,000,000 (rates 10%–16%, and the exemption is not portable between spouses). A funded revocable trust avoids probate, and for taxable estates, credit-shelter/bypass trust planning can preserve both spouses' $1 million exemptions.
How long does probate take 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. For the full breakdown of what speeds it up or slows it down, see How Long Does Probate Take in Oregon?.
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.