How much does probate cost in Oregon?

Oregon sets a statutory personal representative commission under ORS 116.173: 7% of the first $1,000, 4% of the next $9,000, 3% of the next $40,000, and 2% above $50,000, plus 1% of most non-probate assets. On a $500,000 estate that's $10,630. Attorney fees are separate and reasonable, and court filing fees scale with estate value. Separately, Oregon has one of the lowest estate-tax thresholds in the country - $1 million - which is often the biggest cost.

Does Oregon have an estate tax?

Yes. Oregon taxes estates above $1 million - one of the lowest thresholds in the US, not indexed for inflation and not portable between spouses (ORS 118.010). Rates are graduated from 10% to 16%. A $1.5 million estate owes about $50,000; a $2.5 million estate about $152,500. The estate files Form OR-706 within 12 months. Oregon has no inheritance tax.

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Q: What is the personal representative fee in Oregon?

Under ORS 116.173, the commission is 7% of the first $1,000, 4% of the next $9,000, 3% of the next $40,000, and 2% of everything above $50,000 of the probate estate, plus 1% of non-probate property reportable for estate tax (excluding life insurance). So $100,000 pays $2,630; $500,000 pays $10,630; $1,000,000 pays $20,630. The court must approve the fee, and extraordinary services can earn more. Family members often waive it.

Q: What is the small estate limit in Oregon?

Oregon's small estate affidavit (ORS 114.515) is available when the estate's fair market value is $275,000 or less - up to $200,000 in real property and up to $75,000 in personal property. It's one of the highest small estate thresholds in the country, letting many estates skip full probate with a simple affidavit filed 30 days after death.

Q: How long does probate take in Oregon?

Most Oregon estates take about 9 to 14 months, shaped by the 4-month creditor claim period and the OR-706 estate-tax deadline of 12 months.

How probate costs work in Oregon

Probate in Oregon runs through the Circuit Court in the county where the person lived — Multnomah (Portland), Washington, Clackamas, Lane (Eugene), Marion (Salem), Deschutes (Bend) and the state's 36 counties. Oregon is unusual on two counts: it sets the personal representative commission by a statutory sliding scale, and it levies its own estate tax with one of the lowest thresholds in the country ($1 million).

1. Personal representative commission — statutory scale

ORS 116.173(3): the commission is 7% of the first $1,000, 4% of the next $9,000, 3% of the next $40,000, and 2% above $50,000 of the probate estate, plus 1% of non-probate property reportable for estate tax (excluding life insurance). On a $500,000 estate that's $10,630.

The court must approve the fee, and extraordinary services can earn more. Family members serving as PR often waive the commission, since it's taxable income while an inheritance is not.

2. Attorney fees — reasonable, court-approved

Under ORS 116.183, attorney compensation is "reasonable," reviewed by the court — no statutory percentage. A simple estate often runs a few thousand dollars; complex or contested estates more. It's a separate cost from the commission.

3. The Oregon estate tax — the low $1M threshold

Oregon estate tax (ORS 118.010): the exemption is just $1,000,000 — the lowest in the US, not indexed for inflation and not portable between spouses. Rates are graduated 10% to 16%. A $1.5M estate owes about $50,000; a $2.5M estate about $152,500. File Form OR-706 within 12 months.

Because the Oregon threshold ($1M) is far below the federal threshold, many Oregon estates — a Portland home plus retirement savings can cross it — owe state estate tax while owing no federal tax. Oregon has no inheritance tax.

4. Court & other costs

Filing fee — scales with estate value (ORS 21.135); roughly $124 to $1,178+ depending on the estate.
Publication to creditors — newspaper notice; ~$100–$300.
Bond — may be required unless waived by the will or heirs.

5. When probate can be skipped in Oregon

Small estate affidavit — for estates of $275,000 or less ($200,000 real property + $75,000 personal), under ORS 114.515. One of the highest thresholds in the country; filed 30 days after death.
Living trust, joint tenancy, POD/TOD — bypass probate (but the estate tax can still apply above $1M).

Cost component	Oregon figure	Source
PR commission	7/4/3/2% scale + 1% non-probate	116.173
Attorney fee	Reasonable; court-approved	116.183
Estate tax	Above $1M; 10–16%	118.010
Small estate limit	$275,000 ($200k real + $75k personal)	114.515
Inheritance tax	None	Oregon DOR

Oregon probate cost — frequently asked questions

How much does probate cost in Portland / Multnomah County?

The commission scale and the estate tax are statewide; only the county Circuit Court differs. In Multnomah (Portland), Washington, Clackamas or Lane (Eugene), a $500,000 estate has a $10,630 PR commission, a separate reasonable attorney fee, and a filing fee that scales with value. Large estates — common with Portland-area home values — may separately owe Oregon estate tax above the $1 million threshold, usually the biggest number.

Why is the Oregon estate tax such a concern?

Because the $1 million threshold is the lowest in the country and hasn't been indexed since 2012. A Portland home worth $650,000 plus retirement accounts and personal property routinely crosses $1 million. It's not portable between spouses, so without a bypass trust a married couple can lose one $1M exemption entirely. Rates run 10–16%: a $1.5M estate owes $50,000, a $2.5M estate $152,500.

What is the small estate limit in Oregon?

$275,000 total — up to $200,000 in real property and up to $75,000 in personal property — under ORS 114.515. It's one of the highest small estate thresholds in the US, so many Oregon estates can use a simple affidavit (filed 30 days after death) instead of full probate.

How is the Oregon PR commission calculated?

By the ORS 116.173 sliding scale: 7% of the first $1,000, 4% of the next $9,000, 3% of the next $40,000, and 2% of the rest, plus 1% of most non-probate assets. It's front-loaded, so small estates pay a higher effective rate. The court must approve the fee, and family PRs often waive it.

How long does probate take in Oregon?

Most Oregon estates take about 9–14 months, shaped by the 4-month creditor claim period and the OR-706 estate-tax deadline (12 months).

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Oregon sets the PR commission by statute (ORS 116.173: 7/4/3/2% of the probate estate plus 1% of non-probate property); attorney fees are reasonable under ORS 116.183. The estate-tax estimate uses the $1,000,000 exemption and the graduated ORS 118.010 rate table (10–16%) — the exact figure comes from Form OR-706. The small estate limit is $275,000 (ORS 114.515). Oregon has no inheritance tax. A November 2026 ballot measure could change the estate tax; current law is shown. Confirm current figures with the Circuit Court, the Oregon Department of Revenue, or a licensed Oregon attorney before acting.