Quick answer: Oregon does not set probate attorney fees by a statutory percentage. Under ORS 116.183 they must be reasonable and are approved by the court. Attorneys bill hourly or a flat fee; a simple estate often runs a few thousand dollars, more for complex or contested cases.
How Oregon probate attorneys bill
Reasonable, court-approved — no schedule
Unlike the PR commission, which ORS 116.173 sets by a sliding scale, attorney fees have no statutory percentage. Attorneys quote a flat fee for a routine estate or bill hourly. The fee is reviewed and approved by the court as part of the estate accounting, so a beneficiary can question a fee that looks excessive.
What drives the fee up in Oregon
- The estate-tax return — above $1M, Form OR-706 is technical and time-consuming.
- Real estate — sales and title work add cost.
- Will contests or creditor disputes — litigation is billed separately.
Do you need an attorney?
For full probate, advisable — the PR is a fiduciary personally liable for tax filings. The small estate affidavit ($275,000 or less) can often be handled without one, which is why Oregon's high small-estate threshold matters.
How to keep Oregon probate attorney fees down
- Use the small estate affidavit where the estate qualifies ($275,000).
- Ask for a flat fee for a routine estate, in writing.
- Keep organized records — a clean file cuts billable time.
- Plan with a trust to avoid probate and reduce the estate tax.
Attorney fees are only one cost. See the full picture in the Oregon probate cost breakdown, or estimate your total with the Oregon probate cost calculator.