Updated July 26, 2026. Quick answer: Oregon sets probate compensation using a mix — a statutory ceiling or floor with reasonableness applied inside it. The two numbers that decide what an estate actually pays are the fee basis and the small-estate threshold — and whether that threshold reaches real estate, which is where most published guidance goes wrong.
What probate costs in Oregon
| Item | Oregon |
|---|---|
| Fee model | hybrid |
| What the fee is calculated on | Personal representative compensation is statutory (ORS 116.173): 7% of first $1,000; 4% of $1,000-$10,000; 3% of $10,000-$50,000; 2% above $50,000; plus 1% of certain non-probate property (excluding life insurance). Attorney fees are reasonable (ORS 116.183). Verified. |
| Court filing fee | Statutory sliding scale (ORS 21.170, per 2025 OJD Circuit Court fee schedule): $278 (<$50k); $591 ($50k-<$1M); $882 ($1M-<$10M); $1,176 ($10M+). Verified. |
| Small-estate threshold | Simple estate (small estate) affidavit: ≤$75,000 fair-market-value personal property AND ≤$200,000 real property (ORS 114.510, criteria renamed ‘simple estate’ by 2023 SB 308). Verified. |
Why Oregon has no single answer
Oregon does not publish a percentage schedule that produces one number, so any source quoting you a firm figure is estimating. What the statute actually fixes is the standard: Personal representative compensation is statutory (ORS 116.173): 7% of first $1,000; 4% of $1,000-$10,000; 3% of $10,000-$50,000; 2% above $50,000; plus 1% of certain non-probate property (excluding life insurance). Attorney fees are reasonable (ORS 116.183). Verified. That makes three things decide the bill — how many billable hours the administration takes, whether any beneficiary contests, and whether the estate qualifies for the small-estate route below and skips most of it. Get the fee basis in writing before engaging anyone.
For states that DO publish a schedule, and to compare, use the probate cost calculator.
What is the small estate limit in Oregon?
Simple estate (small estate) affidavit: ≤$75,000 fair-market-value personal property AND ≤$200,000 real property (ORS 114.510, criteria renamed ‘simple estate’ by 2023 SB 308). Verified.
This state’s small-estate route can reach real property, subject to the statutory cap shown above. Confirm the cap covers the property’s value before assuming the house passes without full administration.
Full thresholds for every state: small-estate limits by state.
If the estate is still being planned rather than settled, the usual way to keep a house out of probate entirely is a living trust, which carries its own upfront cost: whether a living trust is worth it in Oregon.
Does a house have to go through probate in Oregon?
Only if the estate is over the cap. Oregon is one of only five jurisdictions whose small-estate route can reach real property at all, which makes the cap the number that decides everything. An estate just over it takes a completely different path from one just under, and property values move. A fiduciary advisor can price the exposure alongside the rest of the estate picture. talk to someone about the whole estate picture. You can also run the numbers yourself first with the probate cost calculator — no email required.
How Oregon compares to the other 50
Oregon’s small-estate threshold of $75,000 ranks 20 of 50 jurisdictions with a stated figure, and sits close to the national median of $51,500. The range runs from $15,000 at the bottom to $400,000 at the top, so where an estate falls relative to the line matters far more than any national “average probate cost” figure. On fee model, Oregon is one of 14 of 51 jurisdictions using the hybrid approach.
Death taxes in Oregon, separately
Oregon levies an estate tax, one of 13 jurisdictions that do. That is a different question from probate cost and is decided by different statutes, but families routinely conflate the two.
Estate tax: yes – $1,000,000 filing threshold/exemption (lowest in the nation; fixed, not indexed); rates 10%-16% on the amount above $1M; no spousal portability; natural resource (farm/forestry/fishing) credit available under ORS 118.140
What this does not include
The figures above are the probate cost — the court and compensation side of settling an estate. They are separate from any state estate tax or inheritance tax, which are taxes on the transfer itself and are owed whether or not the estate goes through probate. Appraisal, bond premium, publication, and real-estate commissions if property is sold are additional and are not set by the fee statute.
Before you hire anyone
- Ask which statute the fee is charged under, and get the citation. In Oregon the governing provisions are below.
- Ask whether the quoted fee is calculated on gross value or net of debts. Gross-value states charge on the full house value even if a mortgage covers most of it.
- Ask whether the personal representative is also claiming compensation, and on what basis.
- Ask in writing whether the estate qualifies for the small-estate route, and if a solely owned house is involved, whether that route reaches it.
Primary sources
- ORS 116.173
- ORS 116.183
- ORS 114.510
- ORS 21.170
Oregon in the rest of the picture
Probate cost is one of four things Oregon decides for a retiree and their heirs. The other three — income tax on withdrawals, estate tax, and inheritance tax — are priced separately:
- Every tax Oregon charges a retiree: Oregon retirement taxes
- What a move out is worth: leaving Oregon
- Corridor comparison: Oregon To Arizona
- Corridor comparison: Oregon To Idaho
- Corridor comparison: Oregon To Nevada
Compare and calculate
Probate cost by state compares all 51 jurisdictions side by side. The probate cost calculator prices a specific estate. If a move is on the table, retirement tax relocation prices probate alongside the three other taxes that change with residency.
Cite or share this guide: “Oregon Probate Cost (2026),” statute-cited; clearmoneyguide.com/oregon-probate-cost/. Free to cite with attribution.