Estate Settlement Cost
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Oregon estate administration

Oregon probate: rules, process, costs, executor fees and deadlines

Small-estate limit: $75,000

This guide explains probate in Oregon: Oregon settles decedents' estates in the Circuit Court, except in six counties — Gilliam, Grant, Harney, Malheur, Sherman and Wheeler — where probate jurisdiction is vested in the county court (ORS 111.075). Small estates use a simple estate affidavit with two separate value caps ($75,000 personal / $200,000 real + manufactured homes). Personal-representative compensation follows a statutory percentage schedule under ORS 116.173.

Sources reviewed August 9, 2026. Latest primary-source re-fetch September 15, 2026.

Answer first

Oregon simplified probate route

Oregon's simple (small) estate affidavit has TWO distinct fair-market-value caps that must both be satisfied: not more than $75,000 attributable to personal property (other than manufactured homes) AND not more than $200,000 attributable to the combined value of real property and manufactured homes. Value is fair market value of the entire interest without reduction for liens or debts (gross), measured as of the date of death. The affidavit may not be filed until 30 days after death. Filing fee is $124 (ORS 21.145).

Simple estate affidavit
1. Where and when
Private by design: entries stay in this browser.
2. What they left

Ownership determines whether an asset usually enters probate. Choose “Not sure” when title or beneficiary status has not been confirmed.

Asset 1

Asset 2

Your working estimate

Oregon estate snapshot

Route check

More information is needed

Counted probate estate: not yet counted

A valid date of death is required before any waiting period can be tested.

Gross probate propertyNot yet counted
Court chargeMore information neededPetition for appointment of personal representative2 asset entries have no value entered. A blank amount is not treated as zero, so the charge cannot be computed.Court charges only, for the proceeding named beside each figure. That proceeding is not always the route screened above.
Scheduled executor compensationMore information needed2 asset entries have no value entered.ORS 116.173 sets a percentage commission on the property subject to the jurisdiction of the court (property owned at death subject to administration, plus income received, gains, and certain other amounts): 7% of the first $1,000; 4% of the next amount up to $10,000; 3% of the next up to $50,000; and 2% of all above $50,000. A SEPARATE 1% applies to property not subject to the jurisdiction of the court but reportable for Oregon or federal estate-tax purposes, so the tiered schedule does NOT apply to a single accounting figure. Additional compensation is allowed for extraordinary/unusual services, and a will provision on compensation controls.

This route check is general information, not legal advice. It does not test every eligibility condition, creditor issue, will provision, local fee, or asset-title fact.

What the reviewed rules establish

Simplified route

$75,000

Oregon's simple (small) estate affidavit has TWO distinct fair-market-value caps that must both be satisfied: not more than $75,000 attributable to personal property (other than manufactured homes) AND not more than $200,000 attributable to the combined value of real property and manufactured homes. Value is fair market value of the entire interest without reduction for liens or debts (gross), measured as of the date of death. The affidavit may not be filed until 30 days after death. Filing fee is $124 (ORS 21.145).

Eligibility and caveats

Court cost

Tiered

For a petition for appointment of a personal representative (full probate) the statewide circuit-court filing fee is banded by estate value: $278 if the estate is under $50,000; $591 if $50,000 to under $1 million; $882 if $1 million to under $10 million; $1,176 if $10 million or more (ORS 21.170). A simple (small) estate affidavit costs a flat $124 (ORS 21.145).

Filing-cost detail

Executor compensation

Statutory schedule

ORS 116.173 sets a percentage commission on the property subject to the jurisdiction of the court (property owned at death subject to administration, plus income received, gains, and certain other amounts): 7% of the first $1,000; 4% of the next amount up to $10,000; 3% of the next up to $50,000; and 2% of all above $50,000. A SEPARATE 1% applies to property not subject to the jurisdiction of the court but reportable for Oregon or federal estate-tax purposes, so the tiered schedule does NOT apply to a single accounting figure. Additional compensation is allowed for extraordinary/unusual services, and a will provision on compensation controls.

Compensation detail

Creditor deadline

Multiple triggers

Oregon bars a claim under ORS 115.005(2) if it is not presented within the statute of limitations applicable to the claim and before the LATER of (a) four months after the date of publication of notice to interested persons, or (b) 45 days after actual notice is delivered or mailed to a known claimant under ORS 115.003. There is no independent nonclaim period measured from death: the underlying limitations period on each claim continues to apply, so the four-month/45-day bars are the estate-specific clocks and cannot be collapsed into one figure.

ORS 115.005 (Oregon Legislature; reviewed August 9, 2026)

Timeline and creditor details

Statutes read in full for Oregon

These are the Oregon provisions read end to end on the enacting state’s own site, rather than summarised from a secondary source. The middle column is what reading each one actually established for Oregon — not a restatement of the topic — and the last column records the date the wording was read, so a later amendment can be spotted by comparing dates.

CitationWhat reading it establishedRead on
ORS 21.170 (probate filing fees and accounting fees)Oregon sets its probate filing fee by estate value, and charges a second fee every time an accounting is filed — court and filing cost note2026-09-17
ORS 114.510, 114.515Oregon splits its threshold in two, and counts manufactured homes with the real property — small estate route note2026-09-17
ORS 116.173Oregon pays a sliding commission — and adds 1% of property that never entered probate — representative pay note2026-09-17

Oregon decision map

The four facts that change the Oregon route

Use this map before opening a form or entering a number. It keeps the Oregon amount test, time gate, court cost, and creditor record separate so one easy figure does not stand in for the whole administration.

QuestionRecorded Oregon answerCarry into the case
What route is being screened?Simple estate affidavitConfirm that the will, prior appointment, family facts, and asset titles fit this route.
What property and basis count?probate property within the rule's stated scope; gross value for this route.Keep real property, liens, beneficiary transfers, and survivorship transfers classified separately.
What is the amount screen?$75,000Use the counted property, not a bank-balance shortcut.
What is the time or deadline record?30 days after death; Oregon bars a claim under ORS 115.005(2) if it is not presented within the statute of limitations applicable to the claim and before the LATER of (a) four months after the date of publication of notice to interested persons, or (b) 45 days after actual notice is delivered or mailed to a known claimant under ORS 115.003. There is no independent nonclaim period measured from death: the underlying limitations period on each claim continues to apply, so the four-month/45-day bars are the estate-specific clocks and cannot be collapsed into one figure.Keep the event that starts each clock with the date; do not combine separate periods into one number.
What does the cost record establish?1 published schedule; the proceeding and value basis control the total.Ask the Circuit Court (county court in Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties) about local surcharges, copies, publication, bond, and later filings.
What does compensation use?ORS 116.173 sets a percentage commission on the property subject to the jurisdiction of the court (property owned at death subject to administration, plus income received, gains, and certain other amounts): 7% of the first $1,000; 4% of the next amount up to $10,000; 3% of the next up to $50,000; and 2% of all above $50,000. A SEPARATE 1% applies to property not subject to the jurisdiction of the court but reportable for Oregon or federal estate-tax purposes, so the tiered schedule does NOT apply to a single accounting figure. Additional compensation is allowed for extraordinary/unusual services, and a will provision on compensation controls. The relevant base is the estate accounting.Keep the will, task log, receipts, and accounting base together; extraordinary work is separate.

Arithmetic illustration

See the Oregon amount screen without mistaking it for a result

The recorded Oregon ceiling is $75,000, and it is tested against probate property within the rule's stated scope, on a basis this site records as gross value for this route. Counted that way, $56,300 sits below the Oregon figure and $93,800 sits above it. Both are comparisons to a published number rather than legal outcomes: two estates holding the same total can land on opposite sides of this line, because what Oregon counts and how it values it are decided before the comparison is made.

Illustrative counted amountComparison to the Oregon ceilingWhat it does not decide
$56,300Below $75,000Title, liens, waiting period, appointment, or creditor duties
$93,800Above $75,000Whether another statutory route or court process applies

Next evidence to collect

Start with the row that is still unknown, then take that question to the named court or source.

  1. Record the date of death, the county, and the exact proceeding or affidavit being considered.
  2. Classify each asset by title, beneficiary, trust, real-property status, and the value basis shown above.
  3. Open the official court material below and keep its form or schedule with the estate record.
  4. Do not distribute property until the route, creditor position, and required approvals are resolved.

Official material

Oregon probate is generally handled by the Circuit Court in each county, EXCEPT that under ORS 111.075 jurisdiction of all probate matters is vested in the COUNTY COURTS of Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties; ORS 111.115 lets an estate proceeding be transferred from a county court to the circuit court. The Oregon Judicial Department publishes a statewide estate/small-estate affidavit form set. (The previously listed /forms/Pages/probate.aspx and /courts/Pages/probate.aspx URLs return the OJD 404 page and were replaced with the working estate-forms and courts-directory pages.)

Source trail

Records used by this Oregon map

  • ORS 114.505 to 114.560ORS Chapter 114, Small Estates (Simple Estate Affidavit); reviewed August 9, 2026
  • ORS 116.173ORS 116.173 Compensation of personal representative; reviewed August 9, 2026
  • ORS 21.170ORS 21.170 Probate filing fees and accounting fees; reviewed August 9, 2026
  • ORS 21.145ORS 21.145 Simple proceeding filing fee; reviewed August 9, 2026
  • ORS 115.005ORS 115.005 Presentation of claims; time limitations; reviewed August 9, 2026
  • ORS 111.075ORS 111.075 Probate jurisdiction vested; reviewed August 9, 2026

Limits and unresolved costs

  • ORS 116.173 has a separate 1% component on non-jurisdiction reportable property, so the four-tier schedule must not be applied to one accounting figure (no schedulingBase set).
  • Creditor correction applied: the prior 'outer limit measured from date of death' was unsupported by ORS 115.005; the bar is the LATER of four months from publication (ORS 115.005(2)(a)) or 45 days from actual notice (ORS 115.005(2)(b)), each subject to the claim's own statute of limitations. There is no independent nonclaim period running from death.
  • Court-resource URLs corrected: /forms/Pages/probate.aspx and /courts/Pages/probate.aspx return the OJD 404 page; replaced with /forms/Pages/estate.aspx and /courts/Pages/default.aspx.
  • County-court exception added: ORS 111.075 vests probate in the county courts of Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties rather than the circuit court.
  • Attorney fees, bond premiums, publication, certified copies, tax work, and asset-sale costs are not included unless expressly shown.
  • Asset title, beneficiary designations, creditor claims, and will terms can change the route.
Use this as a starting point.

This is general information, not legal, tax, or financial advice, and it does not create an attorney-client relationship. Probate law varies by state and county and changes over time. Verify the current rule with the court or a licensed attorney in the relevant state.

Continue

What Oregon courts publish

The statutes on this page state the rule. These are the documents the court itself publishes. Every link is probed before release, and any link that stops resolving fails the build rather than staying on the page.

Limits on court material

  • Oregon probate is generally handled by the Circuit Court in each county, EXCEPT that under ORS 111.075 jurisdiction of all probate matters is vested in the COUNTY COURTS of Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties; ORS 111.115 lets an estate proceeding be transferred from a county court to the circuit court. The Oregon Judicial Department publishes a statewide estate/small-estate affidavit form set. (The previously listed /forms/Pages/probate.aspx and /courts/Pages/probate.aspx URLs return the OJD 404 page and were replaced with the working estate-forms and courts-directory pages.)

Primary sources

Each legal input links to the government source reviewed for this page. Source text can change; confirm the current rule before acting.