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, 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. |
| 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 | 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. |
| 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. |
| Statutory floor (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. |
| Simplified real-property transfer | 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. |
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. 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.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: ORS 116.173; ORS 116.183; ORS 114.510; 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
- estateTax: https://www.oregonlegislature.gov/bills_laws/ors/ors118.html
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.
Fee sheets for other states
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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.