Updated September 7, 2026. Quick answer: In Oregon, oregon requires a bond before a personal representative may act or receive letters, unless one of several statutory exceptions applies: the will says no bond is required, the personal representative is the sole heir or devisee, the personal representative is a specified state official/agency, or the petition states no known estate assets exist.
Oregon executor bond: what the statute says
Each line is a short extract quoted from the statute cited; the section has the exceptions.
- When a bond is required. ORS 113.105(1)(a): “Except as provided in subsections (2) to (5) of this section, the personal representative may not act, and letters may not be issued to the personal representative, until the personal representative provides a bond to the clerk of the court in an amount set by the court.”
- Waiver. ORS 113.105(2)(a): “The will provides that no bond is required, but the court may, for good cause, require a bond notwithstanding any provision in a will that no bond is required…”
- Amount. ORS 113.105(1)(a): “Except as provided in subsections (2) to (5) of this section, the personal representative may not act, and letters may not be issued to the personal representative, until the personal representative provides a bond to the clerk of the court in an amount set by the court.”
- Surety and cost. ORS 113.105(1)(a): “…executed by a surety qualified under ORCP 82 D to G…”
For the rest of the process and its fees, see Oregon probate cost.
Does Oregon require an executor to post a bond?
Oregon requires a bond before a personal representative may act or receive letters, unless one of several statutory exceptions applies: the will says no bond is required, the personal representative is the sole heir or devisee, the personal representative is a specified state official/agency, or the petition states no known estate assets exist.
“Upon a request by the personal representative, the court may waive the requirement of a bond if: (a) The request states the reasons why the waiver is requested; and (b) The request describes the known creditors of the estate.”
Source: Or. Rev. Stat. § 113.105
Can the will waive it in Oregon?
Yes. ORS 113.105(2)(a) exempts a personal representative from bond when ‘the will provides that no bond is required,’ but the court may, for good cause, require a bond notwithstanding any such will provision.
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Can the heirs or beneficiaries waive it in Oregon?
Only in one case. If the personal representative is the sole heir or devisee, bond is not required, but the court may, for good cause, require a bond (ORS 113.105(2)(b)).
If a bond is required, how much?
“The amount of the bond set by the court under this subsection must be adequate to protect interested persons.”
Source: Or. Rev. Stat. § 113.115
What makes Oregon different
Oregon offers the widest menu of independent waiver paths in this set: a will clause, automatic sole-heir/sole-devisee status, specified state-agency status, a no-known-assets petition, a court waiver on the personal representative’s request, or a court waiver or reduction when estate property is held in a blocked account or the court restricts its disposition; the court may still require a bond for good cause despite a will clause or sole-heir status.
| Bond-requirement source | Or. Rev. Stat. § 113.105 |
| Oregon courts (general reference) | Oregon judicial branch |
| Confidence | High |
Every statute quoted on this page was read directly from the state’s own legislature/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.
Related: how long creditors have to file a claim against an estate in Oregon.