Compensation of Personal Representative in Oregon
Personal Representative Fee
In Oregon, the personal representative of a probate estate is entitled to compensations for the services provided to the estate. The personal representative must apply for the fee from the court. By statute, ORS 116.173, the compensation is based on the value of the estate.
Property subject to the Jurisdiction of the Court (Probate Property)
| Probate Property Value | Compensation |
|---|---|
| Less than $1000 | 7% |
| Above $1,000 and not exceeding $10,000 | 4% |
| Above $10,000 and not exceeding $50,000 | 3% |
| Above $50,000 | 2% |
Property not subject to the Jurisdiction of the Court (Non-Probate Property)
| Non-Probate Value | Compensation |
|---|---|
| All property, exclusive of life insurance proceeds, not subject to the jurisdiction of the court but reportable for Oregon inheritance or estate tax or federal estate tax purposes. | 1% |
Additional Compensation
The personal representative may be entitled to additional compensation "as is just and reasonable" that is extraordinary and unusual circumstances. The personal representative must request the additional compensation from the court.
Special Provisions in the Will
The Will of the estate that is being administered may have made a special provision for the compensation of the personal representative. In these situations, "the personal representative is not entitled to any other compensation for services unless prior to appointment the personal representative signs and files with the clerk of the court a written renunciation of the compensation provided by the will."
If you have any questions regarding the administration of an estate or how the probate process works, please search the blog or contact me.
