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.
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.
“A court may, in its discretion, waive the requirement of a bond if all devisees and heirs known to the court agree in writing that the requirement be waived”
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 outright when ‘the will provides that no bond is required.’
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Can the heirs or beneficiaries waive it in Oregon?
Yes. A court may, in its discretion, waive the bond requirement if all devisees and heirs known to the court agree in writing that the requirement be waived and file that signed agreement with the court; separately, being the sole heir or devisee is itself an automatic statutory exemption.
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…but in no event shall it be less than $1,000”
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 discretionary court request, or unanimous written agreement of every known heir and devisee; any single one of which can eliminate the bond on its own.
| 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.