Oregon Real Estate Sale: Costs & Commission Explained

A genuine statutory entitlement, and a base that includes the realized gain from the sale itself.

ORS 116.173

Quick answer: the ordinary 4-6% realtor commission applies as usual, plus a personal representative commission — 7% first $1K, 4% next $9K, 3% next $40K, 2% above $50K — that includes realized gains from the sale itself. See how this plays out for your own numbers in the Oregon probate real estate sale calculator.

An actual entitlement, not just a reasonableness test

Straight from §116.173: upon application to the court, a personal representative is entitled to compensation under a genuine tiered schedule: 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 — a real statutory rate, not a bare "reasonable compensation" standard.

The sale's gain feeds directly into the base

The commission applies to "property subject to the jurisdiction of the court, including income and realized gains" — meaning the gain realized on a house sale doesn't sit outside the calculation; it becomes part of what the tiered percentages are applied against.

Multiple representatives split one total

If more than one personal representative acts concurrently or consecutively, the total compensation isn't increased — it's divided among them as they agree, or as the court orders, rather than each representative collecting the full schedule independently.

A separate 1% for property outside the court's reach

Property not subject to the court's jurisdiction, but still reportable for Oregon or federal estate tax purposes, earns a separate 1% commission — excluding life insurance proceeds specifically.

Facing probate in Oregon?

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

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The §116.173 schedule applies the same way whether the estate is administered in Multnomah, Washington, or any other Oregon county.

Sale costs and commission — frequently asked questions

Is Oregon's personal representative commission an entitlement or just a guideline?

An actual entitlement upon application to the court — ORS 116.173 sets a real commission schedule, not a bare reasonable-compensation standard the way many states do.

Does the sale of the house add its own separate fee beyond the schedule?

No separate fee, but it can raise the base the commission applies to — realized gains from a sale count as part of the court-jurisdiction property the tiered percentages are calculated against.

How does compensation change with more than one personal representative?

The total compensation isn't increased — multiple representatives acting concurrently or consecutively split the same commission amount, as they agree or as the court orders, rather than each collecting the full schedule.

Is there an additional fee for property outside the court's jurisdiction?

Yes — a separate 1% applies to property not subject to the court's jurisdiction but still reportable for Oregon or federal estate tax purposes, excluding life insurance proceeds.

What does it cost to sell real estate during probate in Oregon?

The ordinary 4-6% realtor commission applies as usual, plus a personal representative commission — 7% first $1K, 4% next $9K, 3% next $40K, 2% above $50K — that includes realized gains from the sale itself.

This page provides general guidance only and is not legal, tax, or financial advice. Based on ORS 116.173. Confirm current figures with a licensed Oregon attorney or real estate professional before acting.