State probate guide · Oregon

How probate works in Oregon.

Oregon uses the term personal representative for the person appointed to administer an estate. A full probate generally moves from appointment and notice through asset administration, creditor resolution, accounting, distribution, and discharge.

The administration process

From appointment to distribution.

  1. 01

    Open the estate

    A petition asks the circuit court to admit the will, if any, and appoint a personal representative.

  2. 02

    Give notice

    Required notices are sent and published so heirs, interested people, and creditors can respond.

  3. 03

    Inventory and protect assets

    The representative identifies, values, secures, and manages estate property.

  4. 04

    Resolve claims and taxes

    Valid expenses, creditor claims, and tax obligations are addressed before final distribution.

  5. 05

    Account, distribute, and close

    The representative reports the administration, seeks authority to distribute, and requests discharge.

Estate representative compensation

Oregon has a statutory commission schedule.

Unless the will provides otherwise or the court approves a different arrangement, ORS 116.173 calculates compensation on property subject to the court’s jurisdiction.

Commissionable amountRate
First $1,0007%
$1,000–$10,0004%
$10,000–$50,0003%
Above $50,0002%
  • The statute also provides 1% on certain property reportable for estate-tax purposes but outside the court’s jurisdiction, excluding life insurance proceeds.
  • The court may allow additional just and reasonable compensation for extraordinary or unusual services.
  • The final amount depends on the assets included in the statutory calculation, the will, court orders, and the work required.