How much does probate cost in Oregon?

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, determined under ORS 116.183 and subject to court approval.

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

We found no published source for how long probate takes in Oregon as of September 2026. No Oregon court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: A claim is barred from payment unless it is presented within the statute of limitations applicable to the claim AND before the later of four months after the date of publication of notice to interested persons, or, where the personal representative was required to deliver or mail a notice under ORS 115.003(2), 45 days after that notice is delivered or mailed to the claimant's last-known address (ORS 115.005(2)). The limitation period is a separate gate: satisfying the four months does not help a claim already time-barred. ORS 115.005(3) provides a relief route — a claim presented after those periods is still paid from the estate where it is presented before the applicable statute of limitations expires and before the personal representative files the final account, by a person who did not receive a §115.003 notice.

Creditor claim period

A claim is barred from payment unless it is presented within the statute of limitations applicable to the claim AND before the later of four months after the date of publication of notice to interested persons, or, where the personal representative was required to deliver or mail a notice under ORS 115.003(2), 45 days after that notice is delivered or mailed to the claimant's last-known address (ORS 115.005(2)). The limitation period is a separate gate: satisfying the four months does not help a claim already time-barred. ORS 115.005(3) provides a relief route — a claim presented after those periods is still paid from the estate where it is presented before the applicable statute of limitations expires and before the personal representative files the final account, by a person who did not receive a §115.003 notice. 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. ORS 114.510(1)(a) sets two separate caps rather than one combined figure: not more than $75,000 of the fair market value of the estate may be attributable to personal property other than manufactured homes, and not more than $200,000 of the fair market value may be attributable to the combined fair market value of real property and manufactured homes. An estate that breaches either cap is outside the simple-estate procedure whatever its total. The affidavit itself is filed under ORS 114.515.
• Real-property shortcut. Real property and manufactured homes up to $200,000 of fair market value can pass through the simple-estate affidavit without full probate, so long as personal property other than manufactured homes is not more than $75,000 (ORS 114.510(1)(a)). ORS 114.505 to 114.560 is the range the procedure sits in; the criteria themselves are in 114.510.
• 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. ORS 93.953 is the section that authorises the deed - 93.948 is the Act's short title - and it carries the source note [2011 c.212 §5], so the Act was enacted by 2011 Oregon Laws chapter 212. Its operative date is set by a note under 93.948 that has not been read. 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.

Whether representation is required in Oregon

Oregon does not require an estate to be represented by counsel in every proceeding; the court’s self-help materials set out where a personal representative may file without an attorney. Full probate carries formal filing requirements and statutory deadlines, and estates qualifying for a small-estate or summary procedure follow a shorter track with lower filing costs. Legal document preparers operate in some states at a flat fee, subject to state rules on unauthorised practice.

What the record shows

Probate cost in Oregon is the sum of separately-set components: statutory or court-approved attorney fees, executor commissions, court filing fees, and appraisal costs. Each is documented above with its citation.

Assets that pass outside probate — by beneficiary designation, joint ownership with survivorship, transfer-on-death instrument, or a funded living trust — are not part of the estate these fees are calculated on. Oregon’s small-estate threshold, above, determines which estates can use the simplified procedure.

Frequently asked questions about probate cost in Oregon

How much does probate cost in Oregon?

Oregon doesn't fix attorney fees by statute, but ORS 116.173 sets the personal representative's commission on a sliding scale — 7% of the first $1,000, 4% above $1,000 up to $10,000, 3% above $10,000 up to $50,000, and 2% above $50,000, plus 1% of non-probate assets reportable for estate tax. Attorney fees are 'reasonable' and are not set by statute. We found no published source for what probate costs in total in Oregon as of September 2026; the ranges that are published come from law firms and from sites paid to refer customers to them. Oregon's estate tax is set by a separate chapter: the rate table in ORS 118.010(4) begins at an Oregon taxable estate of $1,000,000, taxed at 10.0% on the excess over that figure, and runs in bands to 16.0% on the excess above $9,500,000.

What is the small-estate limit in Oregon?

ORS 114.510(1)(a) sets two separate caps rather than one combined figure: not more than $75,000 of the fair market value of the estate may be attributable to personal property other than manufactured homes, and not more than $200,000 of the fair market value may be attributable to the combined fair market value of real property and manufactured homes. An estate that breaches either cap is outside the simple-estate procedure whatever its total. The affidavit itself is filed under ORS 114.515.

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?

Oregon's state estate tax starts at an Oregon taxable estate of $1,000,000. ORS 118.010(2) imposes the tax on a transfer of the property of a resident decedent, and of a nonresident decedent whose estate includes an interest in Oregon real property or Oregon tangible personal property. ORS 118.010(4) then applies a bracket table whose lowest row runs from $1,000,000 to $1,500,000 at a tax of $0 plus 10.0% of the excess over $1,000,000, and whose top row is $9,500,000 and above at $1,022,500 plus 16.0% of the excess. That $1,000,000 is the bottom of the rate table, not a statutory exemption: the only exemption ORS chapter 118 names is the natural resource property exemption in ORS 118.145, which ORS 118.010(3)(b)(B) subtracts in arriving at the Oregon taxable estate and which applies to interests in natural resource property held through family-owned entities, not to estates generally. No provision carrying an unused Oregon amount to a surviving spouse was found in ORS 118.010, and no source publishing one is cited here. A revocable trust operates on the assets retitled into it. ORS 118.010 was last amended by 2025 c.577, §2.

How long does probate take in Oregon?

We found no published source for how long probate takes in Oregon as of September 2026. No Oregon court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: A claim is barred from payment unless it is presented within the statute of limitations applicable to the claim AND before the later of four months after the date of publication of notice to interested persons, or, where the personal representative was required to deliver or mail a notice under ORS 115.003(2), 45 days after that notice is delivered or mailed to the claimant's last-known address (ORS 115.005(2)). The limitation period is a separate gate: satisfying the four months does not help a claim already time-barred. ORS 115.005(3) provides a relief route — a claim presented after those periods is still paid from the estate where it is presented before the applicable statute of limitations expires and before the personal representative files the final account, by a person who did not receive a §115.003 notice. The deadlines that run alongside it: How Long Does Probate Take in Oregon?.

Related reading

• What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.

• How to Avoid Probate in Oregon — the state-specific avoidance playbook.

• Executor Deadlines in Oregon — the statutory dates the executor works to, quoted from Or. Rev. Stat. §115.005(2).

• How Long Does Probate Take in Oregon? — the companion timeline guide for Oregon.

• Will vs. Trust: How They Differ — the documented differences between the two instruments.

• Estate Planning Checklist: Everything in One Place — the documents and decisions that determine what passes through probate.

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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 114.510, ORS 115.005, ORS 93.948, ORS 130.001, ORS Chapter 118, ORS 21.170.