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Oregon Co-Personal Representatives: How Is the Fee Split?

One fixed commission, whether the personal representatives served at the same time or one after another — divided by agreement or by the court.

ORS § 116.173(3) FigureMyTax Editorial Team

By the FigureMyTax Editorial Team · How we calculate

Quick answer: No, Oregon co-personal representatives don't each collect a separate full commission. ORS § 116.173(3) is explicit: "If there is more than one personal representative acting concurrently or consecutively, the compensation may not be increased, but may be divided among the personal representatives as they agree or as the court may order." One fixed commission — the same amount a sole personal representative would have received — divided among however many people served. Estimate the underlying commission first with the Oregon executor fee calculator.

The rule covers concurrent AND consecutive service

ORS § 116.173(3): "the compensation may not be increased, but may be divided among the personal representatives as they agree or as the court may order." This is genuinely broader than a typical multi-fiduciary clause — Oregon's statute explicitly covers personal representatives serving "concurrently or consecutively," meaning the same single-pool rule applies whether one person replaced another over the course of administration, not just when multiple people served side by side at the same time.

Two paths to dividing the pool

The statute gives two routes: the personal representatives can simply agree among themselves on how to divide the commission, or — if they can't agree — the court can order the division. Neither an automatic even split nor a court-mandated formula is written into the statute; it's left open to agreement first, court intervention second.

Extraordinary services still apply individually

§ 116.173(4): the provision for additional just and reasonable compensation for extraordinary and unusual services isn't tied to the single-pool rule in subsection (3) — a personal representative (whether serving alone, concurrently, or as a successor) who performed genuinely extraordinary work could still seek additional compensation for that specific contribution.

Why the "consecutive" language matters

Many estates go through more than one personal representative over time — someone resigns, is removed, or dies mid-administration, and a successor takes over. Oregon's explicit inclusion of "consecutively" means the single-commission-pool rule applies to that situation too, not just to co-personal representatives serving simultaneously.

Worked example

Two siblings serve as co-personal representatives of an Oregon estate with $500,000 subject to the court's jurisdiction, producing a $10,630 commission under § 116.173(3)(a) for a sole personal representative.

ApproachSibling ASibling BTotal
Agreed equal split$5,315$5,315$10,630
Court-ordered split by work done (A did more)$6,378$4,252$10,630

The total stays at $10,630 in both scenarios — only the division between the two co-personal representatives changes, whether by their own agreement or a court order.

Facing probate in Oregon?

A local probate attorney can review your estate — many offer a free consultation.

Talk to an Oregon attorney

Oregon co-personal representatives — frequently asked questions

Do Oregon co-personal representatives each get their own full commission?

No. § 116.173(3) is explicit: if more than one personal representative acts concurrently or consecutively, the compensation may not be increased — it's the same single commission, divided among them as they agree or as the court may order.

Does it matter if Oregon personal representatives served at the same time or one after another?

No — the statute explicitly covers both scenarios. Whether they acted concurrently or consecutively, the total compensation stays capped at the same single-representative amount.

Who decides how Oregon co-personal representatives split the compensation?

They can agree among themselves, or the court can order the division if they can't agree — the statute allows either path.

Does Oregon's single-pool rule apply to extraordinary services too?

No — additional compensation for extraordinary and unusual services under § 116.173(4) isn't tied to the single-pool rule, so a personal representative who did genuinely extraordinary work could still seek more for that specific contribution.

Why does Oregon's co-personal representative rule mention consecutive service?

Because estates often go through more than one personal representative over time when someone resigns, is removed, or dies mid-administration, and the single-commission-pool rule applies to that successor situation too.

Keep going

Oregon Executor Fee CalculatorYour estimate + PDF Oregon Executor Fee: How Much Is It?The tiered schedule + the 1% layer Oregon Executor Fee: Taxable? Can You Waive It?IRS rules + waiver Oregon Probate Cost CalculatorThe full cost picture

Estimate for general guidance only, not legal advice. Based on ORS ยง 116.173(3). The illustrative uneven split above is not a statutory formula - the statute leaves the actual division to agreement among the personal representatives or a court order. Consult an Oregon probate attorney to resolve a specific dispute over compensation between personal representatives.