What Drives Probate Cost in Oregon
Court filing fees are the visible starting point, but many estates also pay for certified copies, notice or publication, property recordings, appraisals, and legal help.
Oregon probate filing fees are statewide, so there is no county schedule to shop. ORS 21.170 sets one statutory ladder and ORS 21.170(5) closes the obvious gap in terms: "The fees established under this section apply to county courts exercising probate jurisdiction." What Oregon charges is a flat amount selected from four bands on the value of the estate rather than a percentage, and it takes no probate tax: $278 where the value of the estate is less than $50,000, $591 at $50,000 or more but less than $1 million, $882 at $1 million or more but less than $10 million, and $1,176 at $10 million or more. Four things surprise people. The accounting fee is a second charge on the same four bands under ORS 21.170(2), at $35, $298, $591 and $1,176, and ORS 116.083(1) makes it due on every annual account and on the final account, so an estate open for three years can pay it four times and an estimate quoting only the petition fee is low. The value has to be declared in the CAPTION of the petition under ORS 21.105(1), and ORS 21.105(2) collects the difference later if an amended pleading raises it, so understating the estate defers the fee rather than avoiding it. The simple estate affidavit is not a discount off the ladder but a different fee under a different section, $124 under ORS 21.145 as applied by ORS 114.515(5), with no fee at all for an amended affidavit; it reaches real property, which most states’ small-estate affidavits do not, and its two caps in ORS 114.510(1)(a) are separate and must both hold, so the $275,000 figure that circulates is only their arithmetic sum and appears nowhere in current law. And what actually varies by county in Oregon is the COURT rather than the fee: ORS 111.075 vests probate jurisdiction in the county courts of Gilliam, Grant, Harney, Malheur, Sherman and Wheeler and in the circuit court for every other county, so six counties file with a county court that is county government rather than part of the Oregon Judicial Department, and each of those six also has a circuit court with no probate jurisdiction. Two charges follow that split even though the filing fee does not: a circuit court certifies a copy at $5.00 under Chief Justice Order 23-016, while a county clerk charges $3.75 for an official certificate under ORS 205.320. Two costs are genuinely local and are in no total here: newspaper publication of the notice to interested persons, which ORS 113.155 requires once and no statute prices, and recording a deed, which goes to the county clerk as the land records office under ORS 205.320 and ORS 205.323 rather than to the court. Oregon sets a statutory commission for the personal representative in ORS 116.173 that is payable only on application to the court and is measured on a base wider than the estate value, and it sets no attorney-fee percentage at all (ORS 116.183 is an eight-factor reasonableness test), so no dollar figure is estimated for either. Confirm the current total with the probate court for the county where the decedent lived.
Cost componentsFiling fees, add-on charges, and attorney work compared
Court Filing Fees
The court procedure chosen is often the biggest first driver of cost. Simplified procedures usually cost less than full administration.
Additional Charges
Certified copies, publication or notice costs, appraisals, and document recordings can materially change the final number.
Attorney Work
Legal fees depend on the estate's issues. A modest estate with title or creditor problems can cost more than a larger estate with clean paperwork.
How to Use the EstimateWhat the number means and which check to run next
Use the result to set expectations, not to lock in a final fee quote. If the number looks high, the next question is whether all of the property really needs probate or whether some assets already transfer outside court.
From here, compare the estate structure with the estate value calculator, review transfer structure with the beneficiary checker, and use the Oregon courts page if you need the next local filing contact.
Frequently Asked Questions
What are Oregon probate costs and filing fees?
Do I need an attorney for Oregon probate?
How long does Oregon probate take?
Official Sources and Further ReadingOfficial references used for this page
- ORS chapter 21, the whole cost of an Oregon probate filing. Section 21.170 ("Probate filing fees and accounting fees") charges $278 where the value of the estate is less than $50,000, $591 at $50,000 or more but less than $1 million, $882 at $1 million or more but less than $10 million and $1,176 at $10 million or more, all of it "Except as provided in ORS 114.515"; subsection (2) charges $35, $298, $591 and $1,176 on the same four bands for an annual or final accounting, so that fee recurs; subsection (3) leaves a wrongful death settlement for the surviving spouse or dependents out of the value; subsection (4) sends an appearance to ORS 21.135; and subsection (5) makes the schedule statewide in terms, "The fees established under this section apply to county courts exercising probate jurisdiction". Section 21.135(1) sets the $281 standard filing fee. Section 21.145 sets the $124 simple proceeding fee, and its subsection (4) is the catch-all through which ORS 114.515(5) reaches it, so the $124 belongs to chapter 21 rather than to chapter 114. Section 21.105 requires the caption to state the value of the estate and collects the difference where an amended pleading raises it. Section 21.200(1) charges $111 for each of five named motions, from the moving party and the responding party alike. Section 21.258 lets a circuit court collect the copy and certification fees the Chief Justice establishes and forbids any fee for locating or inspecting court records. Sections 21.680 to 21.700 carry the waiver and deferral route: 21.682(1) turns on inability to pay, 21.680(3) defines "Judge" to include "a judge of a circuit or county court" so it reaches both Oregon forums, and 21.692(1) makes DEFERRED fees a monetary obligation payable to the state, or to the county in a county court, so a deferral is a debt rather than forgiveness
- Oregon Judicial Department fees page, which carries the Circuit Court Fee Schedule (Public Version) effective January 1, 2026 behind the label "Circuit Court Fees". That schedule is the second source for every figure on this page and prints its own ORS authority on each row: page 13 carries the four PROBATE bands against ORS 21.170(1)(a) to (d), the four accounting bands against ORS 21.170(2)(a) to (d), the $124 simple estate affidavit against "ORS 21.145(4); ORS 114.515(5)", and $281 for a summary determination, a summary review or any other first appearance in a simple estate proceeding under ORS 114.552(1); page 14 adds certified copies of letters, a $0 disclaimer of property under ORS 105.642, and a $0 application for waiver or deferral under ORS 21.682. Re-derive the link from this page every time rather than saving the PDF URL, because its filename carries both a year and an effective date
- ORS chapter 111, the sentence that makes Oregon different from every other state on this site. Section 111.075 ("Probate jurisdiction vested"): "Jurisdiction of all probate matters, causes and proceedings is vested in the county courts of Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties and in the circuit court for each other county and as provided in ORS 111.115." Section 111.005(7) then defines "Court" or "probate court" as "the court in which jurisdiction of probate matters, causes and proceedings is vested as provided in ORS 111.075", which is why the fee statutes name no court and why no single Oregon court name is accurate in all 36 counties. Section 111.115 lets a county court transfer an estate to the circuit court at any time and requires the transfer where the county judge is a party or is directly interested, so the county court is the default forum in those six rather than the only one. Section 111.205(2) adds that "No particular pleadings or forms of pleadings are required in the exercise of jurisdiction of probate courts"
- ORS chapter 114, the simple estate affidavit, which in Oregon is a court filing with a flat fee rather than a discount off the ladder. Section 114.510(1)(a) sets TWO caps that must both hold, not more than $75,000 attributable to "personal property other than manufactured homes" and not more than $200,000 attributable to "the combined fair market value of real property and manufactured homes", so there is no combined $275,000 test in current Oregon law; subsection (1)(b) is an express testate alternative; and subsection (2)(b) values "the entire interest in the property included in the estate ... without reduction for liens or other debts", which makes the test gross rather than equity based. Section 114.515(3) bars filing "until 30 days after the death of the decedent", (2)(b) bars anyone convicted of a felony in Oregon or another jurisdiction, (5) charges the ORS 21.145 fee "except that a fee may not be charged or collected for the filing of an amended affidavit", and (7) ends the affiant’s authority where the estate later exceeds the caps. Section 114.540(1)(a) gives creditors four months from the filing, section 114.552 prices appearances in a simple estate proceeding, and section 114.555 is what transfers the decedent’s interest in the property described in the affidavit, including real property
- Chief Justice Order 23-016, "Establishing Fees Charged and Collected by the Oregon Circuit Courts ...", commencing June 20, 2023: where Oregon copy and certification charges actually come from, since no statute sets them. Section 2.a.(1) prices a paper copy at 25 cents per page plus $3.00 per request in a case, section 2.b.(1) adds $5.00 for the certification itself, and section 3.d charges nothing at all where the total cost of a single request comes to less than $5.00. Two things are worth knowing about this document. The OJD fee schedule summarises the same certified-copy row as "$5 + 25 cents per page if provided in paper form + $0 if delivered electronically" and leaves the $3.00 out, so the two official sources differ and this page states both rather than choosing one quietly. And the OJD fees page links it under the label "Tax Court Fees" even though its own caption and section 2 reach the circuit courts as well, so the link text will not lead you to it
- ORS chapter 205, why a certified copy costs a different amount in the six county-court counties and what recording a deed costs anywhere in Oregon. Section 205.320(1)(c) and (1)(d)(C) both read "For each official certificate, $3.75", and (1)(d)(B) allows not more than $3.75 for locating a requested record plus 25 cents for each page, which is a different charge from the $5.00 certification a circuit court collects under Chief Justice Order 23-016. The same sections price land recording, which goes to the county clerk as the land records office and never to the probate court: $5 for each page under (1)(d)(A) with a $5 minimum, plus the $1, $10 and $60 surcharges that section 205.323(1) adds to every instrument described in ORS 205.130, so the surcharges outweigh the base on a short deed
- ORS chapter 5, section 5.125 ("County court fees"): the bridge that sends an Oregon county court’s copy charges to a different statute from a circuit court’s. ORS 21.258 gives the fee-setting power to the Chief Justice for a CIRCUIT court by its own words, so no Chief Justice Order can price an Oregon county court’s copies. Section 5.125 lists what the county clerk as clerk of the county court shall charge "and no more", none of it a probate filing, and its subsection (6) routes "any service not enumerated in this section" to the fees provided under ORS 205.320. The Oregon probate filing fee itself is unaffected, because ORS 21.170(5) puts the statewide schedule into these courts expressly
- ORS chapter 116, the compensation sections, and why this calculator estimates no executor or attorney dollar figure. Section 116.173(3)(a) allows the personal representative 7 percent of any sum not exceeding $1,000, 4 percent above $1,000 to $10,000, 3 percent above $10,000 to $50,000 and 2 percent above $50,000, plus (3)(b) 1 percent of property "exclusive of life insurance proceeds" outside the court’s jurisdiction but reportable for Oregon or federal estate tax; but subsection (1) defines the base to include income received during administration and realized and unrealized gains, so it is wider than the value of the estate, subsection (3) makes it payable only "upon application to the court" and refuses to multiply it among co-representatives, (4) allows further just and reasonable compensation for extraordinary services, and (5) gives a will’s own compensation clause priority unless the personal representative files a written renunciation before appointment. Calling this "the 7 percent rule" is the common error, since 7 percent reaches only the first $1,000. Section 116.183 then sets attorney fees with no percentage at all: subsection (1) allows "reasonable fees of appraisers, attorneys and other qualified persons", and (2)(a) is an eight-factor reasonableness test that says "No single factor is controlling". Section 116.083 sets when accounts are due, including annually within 60 days after the anniversary of appointment and when the estate is ready for final settlement, and its subsection (5) permits a statement in lieu of the final account on written consent where creditors are paid in full
- ORS chapter 113, section 113.155 ("Publication of notice to interested persons"): the Oregon probate cost that is real, mandatory and priced by no official source. The personal representative "shall cause a notice to interested persons to be published once" in a newspaper published in the county where the proceeding is pending, or in one the court designates where none is published there, and subsection (4) requires proof of publication with a copy of the notice to be filed. No statute and no judicial-branch schedule sets the price, so the newspaper quotes it and this page describes the charge rather than inventing a figure. Subsection (5) excuses publication entirely where the petition states that no assets of the estate are known. Publishing is also what starts the four-month creditor bar in ORS 115.005(2)(a)
- IRS Publication 559 for survivors, executors, and administrators
- CFPB guide to managing someone else’s money
Information current as of May 31, 2026
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.