Oregon Personal Representative Fee Calculator

The schedule

Under ORS 116.173(3), unless the court has granted a different determination under ORS 113.038, a personal representative is entitled on application to the court to a commission upon the whole estate of:

• 7% of the first $1,000
• 4% of the next $9,000
• 3% of the next $40,000
• 2% of all above $50,000

on the property subject to the jurisdiction of the court, plus 1% of the value of property not subject to the jurisdiction of the court, other than life insurance proceeds, that is reportable for Oregon estate tax or federal estate tax purposes.

The base

ORS 116.173(1) defines the property subject to the jurisdiction of the court to include all property owned by the decedent at death that is subject to administration, all income received during administration, gains realized on sales or other dispositions to the extent they exceed the asset's value, unrealized gains on assets acquired during administration, and wrongful-death proceeds. ORS 116.173(2) values each asset at the highest value shown in any inventory or account. Enter those figures; this calculator doesn't apply highest-value rules for you.

Worked example

A probate estate of $500,000 with no income or gains: 7% of $1,000 ($70) plus 4% of $9,000 ($360) plus 3% of $40,000 ($1,200) plus 2% of $450,000 ($9,000), for $10,630. If $100,000 of non-probate property (not life insurance) is reportable for estate tax, add 1%, $1,000, for $11,630.

What this calculator doesn't cover

• Extraordinary services. The court may allow further compensation as is just and reasonable for extraordinary and unusual services (ORS 116.173(4)).
• The will. If the will makes special provision for the personal representative's compensation, the personal representative isn't entitled to other compensation unless, before appointment, they sign and file a written renunciation of the compensation the will provides (ORS 116.173(5)).
• Co-personal representatives. Where there is more than one personal representative, the compensation may not be increased, but may be divided among them as they agree or as the court orders (ORS 116.173(3)).

Frequently asked questions

What percentage does a personal representative get in Oregon?

ORS 116.173(3) sets a commission of 7% of the first $1,000, 4% from $1,000 to $10,000, 3% from $10,000 to $50,000 and 2% above $50,000 on property subject to the court's jurisdiction, plus 1% of non-probate property, other than life insurance, reportable for Oregon or federal estate tax.

What if there are two personal representatives in Oregon?

The compensation may not be increased; it may be divided among them as they agree or as the court orders (ORS 116.173(3)).

Can an Oregon personal representative get extra compensation?

The court may allow further just and reasonable compensation for extraordinary and unusual services (ORS 116.173(4)).

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