Oregon Probate - Personal Representative Fee Calculator

If you are managing an Oregon estate as its personal representative (executor), enter the estate’s figures to estimate your compensation under ORS 116.173. The amounts stay in your browser.

Estimated statutory compensation —

1. Property in the probate estate ORS 116.173(1)–(3)

For a starting estimate, use the full fair market value of the deceased person’s probate property as of the date of death. Include only the ownership interest that passes through probate.

If court records are available, use the highest correctly stated value for each asset in the inventory (including amendments and supplements), an interim or final account, or a statement in lieu of the final account. Enter each amount once. In the gain fields below, count only increases above the asset values you have already entered.

Probate property at date of death (fair market value)

Use the property’s value before subtracting mortgages or other debts. For example, suppose the only probate asset is a house the deceased person owned in full. It was worth $400,000 at death and had a $100,000 mortgage. Enter $400,000. The $300,000 left after the mortgage is the home’s net equity. Include any qualifying personal injury recoveries in this field once.

Income received during administration

Interest, dividends, rent and other income the estate received.

Gains on assets sold

For each asset sold or otherwise disposed of, include only the gain above the value already counted. Leave out losses on other assets.

Unrealized gains on assets the estate acquired during administration

Total probate estate for compensation$0.00

Commission on the probate estate
Bracket	Rate	Amount in bracket	Commission
Commission on the probate estate			$0.00

2. The 1% rule for property outside probate ORS 116.173(3)(b)

Include only property outside the probate court’s jurisdiction that is reportable for Oregon or federal estate tax purposes. The commission is 1% of the qualifying amount after excluding life insurance proceeds.

Total estate-tax-reportable property outside probate

For a trust, joint account, retirement account or beneficiary transfer, include only the deceased person’s reportable interest. Count any reportable life insurance in this total and enter that same portion below.

Life insurance proceeds included in that total

1% commission on property outside probate
Reportable property outside probate
Less life insurance proceeds
Property subject to the 1% rule
1% commission

About these figures

Personal representative compensation is set by statute and approved by the court. A personal representative may choose to waive compensation.
If the will sets compensation, it generally controls unless the representative signs and files a written renunciation before appointment. A petition for appointment can also ask the court to approve another method under ORS 113.038.
This estimates compensation for the personal representative. Your attorney’s fees are separate.

This calculator provides estimates for general information only. It is not legal advice, and using it does not create an attorney-client relationship. Every estate is different, so please talk with a lawyer about your situation before relying on these figures.

Questions about your estate?Jennifer Martin helps personal representatives throughout Oregon. Learn about probate representation.

(503) 675-0460

Source: ORS 116.173, compensation of personal representative. Reviewed November 2026.