Executor Compensation Laws in Oregon
In Oregon, personal representative fees are set by statute at 7% of the first $1,000, 4% to $10,000, 3% to $50,000, and 2% above $50,000, plus 1% of certain non-probate property.
Last checked . General information, not legal advice.
Oregon at a glance
- Compensation method
- Statutory percentage schedule
- The court may allow further just and reasonable compensation for extraordinary services, or approve a different method under ORS 113.038.
- Statutory fee schedule
- 7% to $1,000; 4% to $10,000; 3% to $50,000; 2% above
- On property subject to the court's jurisdiction. Plus 1% of property outside the court's jurisdiction but reportable for estate tax, excluding life insurance.
- Percentage schedule in statute
- Yes
The rules in Oregon
How is an executor paid in Oregon?
Compensation method in Oregon: Statutory percentage schedule. The court may allow further just and reasonable compensation for extraordinary services, or approve a different method under ORS 113.038.
What percentage can an executor charge in Oregon?
Statutory fee schedule in Oregon: 7% to $1,000; 4% to $10,000; 3% to $50,000; 2% above. On property subject to the court's jurisdiction. Plus 1% of property outside the court's jurisdiction but reportable for estate tax, excluding life insurance.
Does Oregon law set executor fees by a percentage schedule?
Yes. Percentage schedule in statute in Oregon: yes.
Where do the Oregon executor compensation laws come from?
The rules above come from Or. Rev. Stat. 116.173. Each source is linked on this page. We last checked them in October 2026.
Good to know
If more than one personal representative serves, the compensation is not increased but is divided among them.
What this means in practice
A will can usually address executor pay directly, for example by setting a flat fee, a percentage, or stating that the executor serves without pay. Where the will is silent, the state's default rule applies. An executor can also choose to waive compensation, which some family members do because fees are generally taxable income while inheritances generally are not.
Executor compensation is separate from reimbursement of expenses and from fees paid to the estate's attorney, accountant, or other professionals. Keeping a written log of hours, tasks, and costs helps support a fee request and answers questions from heirs or the court.
Heirs and beneficiaries who believe a fee is too high can usually object in the probate proceeding, and courts can reduce, deny, or increase compensation in some circumstances. Rules on timing, court approval, and extraordinary services differ, so the statute for the state where the estate is probated is the starting point.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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