ORS 116.173(3)(a) sets a graduated statutory commission on property subject to the jurisdiction of the court, and ORS 116.173(3)(b) adds a separate 1 percent of certain property that never enters the probate estate at all.
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What the Calculator Uses in OregonThe method behind the estimate, and what it leaves out
For Oregon, this page applies the graduated statutory commission in ORS 116.173(3)(a): 7 percent of any sum not exceeding $1,000, 4 percent above $1,000 up to $10,000, 3 percent above $10,000 up to $50,000, and 2 percent above $50,000. It does not add the ORS 116.173(3)(b) 1 percent on nonprobate property reportable for estate tax, the ORS 116.173(4) allowance for extraordinary and unusual services, attorney fees under ORS 116.183, or court costs. No figure here is a court order: the commission is payable only on application to the court, and the base is defined by ORS 116.173(1) rather than by the number entered above.
The estimate is a starting point, not a guaranteed fee. Courts can still review the work performed, the estate documents, and whether the representative is seeking compensation for services beyond the ordinary baseline.
What affects the feeOrdinary rules, extraordinary services, and tax consequences
Ordinary Fee Rule
The estimate begins with the state-specific ordinary compensation method, not a one-size-fits-all national formula.
Extraordinary Services
Sales of real property, business management, litigation, tax work, and unusual court proceedings can justify additional compensation in some estates.
Tax Consequences
Executor compensation is usually treated differently from the inheritance itself, which is why many fiduciaries consider whether waiving the fee creates a better tax result.
What to Compare Alongside CompensationTotal administration cost, the executor role, and court contacts
The fee only makes sense in context. If the estate is simple, the ordinary compensation may be easy to estimate. If the estate has title problems, creditor disputes, or tax issues, total administration cost and effort may matter more than the baseline executor figure.
How much does a personal representative get paid in Oregon?
ORS 116.173(3)(a) allows 7 percent of any sum not exceeding $1,000, 4 percent of all above $1,000 and not exceeding $10,000, 3 percent of all above $10,000 and not exceeding $50,000, and 2 percent of all above $50,000. The bands are marginal, so an estate is worked through them rather than having one rate applied to the whole. ORS 116.173(3)(b) then adds 1 percent of property, exclusive of life insurance proceeds, that is not subject to the jurisdiction of the court but is reportable for Oregon estate tax or federal estate tax.
What is the commission measured on in Oregon?
A base wider than the probate inventory, which is why an estimate built from the inventory alone comes out low. ORS 116.173(1) defines property subject to the jurisdiction of the court as all property owned by the decedent at death that is subject to administration, including amounts recovered on a personal injury claim, all income received during administration, all gains realized on sales or dispositions to the extent the gain exceeds the ORS 116.173(2) value, all unrealized gains on assets acquired during administration, and proceeds recovered in a wrongful death claim by judgment or settlement.
Which value is used for each asset in Oregon?
The highest one on the record, which is unusual and worth knowing before an inventory is filed. ORS 116.173(2)(a) values each asset at its highest value as shown in the inventory, in any amended or supplemental inventory, in any interim account, or in the final account or the statement filed in lieu of one, and that last figure may itself be based on a revaluation to current fair market value. Where a value was materially misstated when it was filed, the highest correctly stated value governs instead.
Does the Oregon commission have to be approved by the court?
Yes. ORS 116.173(3) makes the compensation payable upon application to the court, so it is a court-allowed item rather than something the personal representative withdraws. ORS 113.038 separately lets a request be made for a different method of determining the compensation, and the ORS 116.173(3) schedule is expressly subject to a court having granted such a request. Where more than one personal representative acts, concurrently or one after another, the compensation is not increased: it is divided as they agree or as the court orders.
Can a Oregon personal representative be paid more than the schedule?
Yes, for work outside the ordinary job. ORS 116.173(4) provides that in all cases further compensation as is just and reasonable may be allowed by the court for any extraordinary and unusual services, including services not ordinarily required of a personal representative. There is no cap and no percentage attached to it, and it sits on top of the ORS 116.173(3) commission rather than replacing it. That makes the graduated scale a floor for an ordinary administration rather than a ceiling for every one.
What if the will sets the fee in Oregon?
The will governs, and the deadline to escape it is earlier than most people expect. ORS 116.173(5)(a) provides that where the will makes special provision for the compensation of the personal representative, that person is not entitled to any other compensation unless, BEFORE appointment, they sign and file with the clerk of the court a written renunciation of the compensation the will provides. Someone who accepts letters first and objects later has already taken the will figure. ORS 116.173(5)(b) adds a second limit for a thin estate: where the assets are insufficient to pay all expenses or claims in full, the compensation may not exceed what ORS 116.173(3) and (4) would allow.
Is the person in charge called an executor or a personal representative in Oregon?
Oregon says personal representative. That is the statutory term throughout the probate chapters, covering both a person named in a will and an administrator appointed where there is no will, and letters testamentary or letters of administration issue under ORS 113.125. Executor is still the word most families use, and it is the reason this page answers to both.
Is executor compensation taxable in Oregon?
A fee for serving is taxable income to the person who takes it, while an inheritance is not. That difference often decides whether taking the commission actually leaves a family member better off, because the same money frequently reaches them either way. Review the income-tax and estate-accounting effects before applying for the commission or waiving it.
Can a Oregon personal representative waive the fee?
Yes, and someone who is also the main beneficiary commonly does, because the money then arrives as an inheritance rather than as income. Document the choice, since it changes the final account the court reviews, the federal tax picture, and what the other beneficiaries are expecting.
Are attorney fees separate from the commission in Oregon?
Yes, and they are set a completely different way. Oregon fixes no percentage and publishes no schedule for probate attorney fees. ORS 116.183 governs the personal representative expenses and the determination of attorney fees, and ORS 116.183(1) allows in the settlement of the final account all necessary expenses incurred in the care, management and settlement of the estate. Both the commission and the attorney fee are administration expenses paid from the estate, and where the assets fall short ORS 115.125(1) puts support of the surviving spouse and children ahead of both.
Official Sources and Further ReadingOfficial references used for this page
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Oregon can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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Statutory commission under ORS 116.173
Oregon sets a graduated statutory commission at ORS 116.173(3)(a), and it is payable only upon application to the court rather than taken as of right. The schedule is 7 percent of any sum not exceeding $1,000, then 4, 3 and 2 percent through the higher bands. Two amounts sit outside this calculator: ORS 116.173(3)(b) adds 1 percent of property, excluding life insurance proceeds, that is not subject to the jurisdiction of the court but is reportable for Oregon or federal estate tax, and ORS 116.173(4) allows further just and reasonable compensation for extraordinary and unusual services at no fixed rate.
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Use the ORS 116.173(1) base, not a bank balance: property owned at death and subject to administration, income received during administration, gains realised on sales above the inventory value, unrealised gains on assets acquired during administration, and amounts recovered on a personal injury or wrongful death claim.