Quick answer: ORS § 116.173(3)(a) sets a declining commission on property subject to the court's jurisdiction: 7% of the first $1,000, 4% of the next $9,000, 3% of the next $40,000, and 2% above $50,000. On a $500,000 estate, that's $10,630. Separately, § 116.173(3)(b) adds another 1% on property that never enters probate but is still reportable for estate tax purposes. Get an illustrative estimate with the Oregon executor fee calculator.
The declining 4-tier schedule
ORS § 116.173(3)(a): "Seven percent of any sum not exceeding $1,000. Four percent of all above $1,000 and not exceeding $10,000. Three percent of all above $10,000 and not exceeding $50,000. Two percent of all above $50,000." The rate steps down as the estate grows, similar in spirit to several other states, but with Oregon's own specific breakpoints.
A genuinely broad base, backed by real case law
§ 116.173(1): "property subject to the jurisdiction of the court" includes all administrable property owned at death (including personal injury claim recoveries), all income received during administration, realized and unrealized gains on estate assets, and proceeds recovered in a wrongful death claim. The Oregon Court of Appeals confirmed the wrongful-death point directly: Brown v. Hackney, 228 Or App 441, 208 P3d 988 (2009), held that wrongful death proceeds are part of the decedent's "whole estate" for compensation purposes — a genuinely specific, real precedent, not just a general statement.
The second layer: reaching into non-probate property
§ 116.173(3)(b): "One percent of the property, exclusive of life insurance proceeds, not subject to the jurisdiction of the court but reportable for Oregon estate tax or federal estate tax purposes." This is the detail most easily missed: a separate 1% commission on property the personal representative never formally administers through the court, as long as it's still reportable for estate-tax purposes.
Extraordinary services and the will's compensation clause
§ 116.173(4): further just and reasonable compensation may be allowed for extraordinary and unusual services. § 116.173(5)(a): if the will sets its own compensation, the personal representative can only claim the statutory amount instead by signing and filing a written renunciation with the clerk of court before appointment. § 116.173(5)(b): if the estate's assets can't cover all its expenses and claims in full, compensation is capped at the statutory schedule — even overriding a more generous will provision.
Worked examples
| Property subject to court jurisdiction | Commission (tiered schedule) |
|---|
| $100,000 | $2,630 |
| $500,000 | $10,630 |
| $1,000,000 | $20,630 |
Each figure computed tier by tier from the statutory schedule and independently cross-checked against an outside worked example at all three values. Add the separate 1% on any reportable non-probate property, and model your own estate in the calculator.
Facing probate in Oregon?A local probate attorney can review your estate — many offer a free consultation.
Talk to an Oregon attorneyEstimate for general guidance only, not legal advice. Based on ORS ยง 116.173 and Brown v. Hackney, 228 Or App 441 (2009). Figures reflect the statutory schedule as written. Verify with the probate court or a licensed Oregon attorney.