Oregon Probate Real Estate Sale Calculator

The personal representative already has the power to sell — court gets involved only if the will says otherwise, or the house was left to one specific person.

Based on ORS 114.325, 116.173 FigureMyTax Editorial Team Free · no sign-up

Selling an Oregon probate house

Enter the sale price to see the statutory commission.

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Estimated cost of this Oregon probate sale
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Sale power exists by default

What makes Oregon different: ORS 114.325 grants the personal representative power to sell, mortgage, lease, and deal with estate property without needing the will to say so first. Exercising that power becomes improper — requiring notice, a hearing, and a court order — only if the sale would contravene the will, or the property was specifically devised and the will doesn't authorize its sale.

A real statutory commission, not a guideline

ORS 116.173 sets an actual percentage schedule: 7% on the first $1,000 of court-jurisdiction property, 4% on the next $9,000, 3% on the next $40,000, and 2% above $50,000 — including income and realized gains, such as the proceeds from a house sale.

Vesting at death isn't the same as sale authority

Title vests in the heirs or devisees the moment the owner dies, but it stays subject to the personal representative's possession and control during administration — a buyer's title company still needs proof of actual sale authority, not just proof of who technically owns the property.

A real Oregon estate tax, well below the federal line

Oregon taxes estates above $1 million — a threshold not adjusted for inflation — at rates from 10% to 16%. See Capital Gains Tax on the Sale for the separate question of what's owed on the gain itself.

Oregon probate real estate sale — frequently asked questions

Does an Oregon personal representative need a court order to sell the house?

Not by default — ORS 114.325 gives the representative power to sell real property. Court notice, a hearing, and an order become necessary only if the sale would contravene the will, or the property was specifically devised and the will doesn't authorize its sale.

How much does an Oregon personal representative get paid for selling the house?

ORS 116.173 sets an actual statutory commission: 7% on the first $1,000, 4% on the next $9,000, 3% on the next $40,000, and 2% above $50,000 of court-jurisdiction property, including realized gains from a sale.

Does Oregon have its own estate tax separate from the federal one?

Yes — Oregon taxes estates above $1 million, a threshold not indexed for inflation, with rates from 10% to 16%, filed on Form OR-706 within 9 months of death.

Does title vesting in the heirs at death mean they can sell immediately?

No — title vests in the heirs or devisees at the moment of death, but it remains subject to the personal representative's possession and control during administration, so sale authority still depends on probate, affidavit, or trust authority.

What is Oregon's state tax rate on the sale's gain?

Up to 9.9%, one of the highest top marginal rates in the country, with no preferential rate for long-term capital gains.

Same statute, every county

Multnomah, Washington, and Clackamas County each run probate through their own Circuit Court, but ORS 114.325's default sale power and the §116.173 commission schedule apply identically statewide.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on ORS 114.325, 116.173, and typical realtor commission rates. Actual costs depend on the estate's own facts. Confirm current figures with the Circuit Court or a licensed Oregon attorney before acting.