In the state of Oregon, the court-supervised process of distributing property after the death of an estate owner is called probate. Despite how common it is in the state, there are often questions about the average cost of probate in Oregon. Unfortunately, probate costs will vary depending on a number of things, making it difficult to give an accurate estimate on the final cost. Factors that contribute to the variation in cost can include:
How complex and large an estate is
Whether or not any heirs contest any part of the Will
Type of Estate Plans that are in place
If the family hires a probate attorney
Common Probate Fees in Oregon
Though there is a wide range of probate costs in Oregon, some fees are pretty common in virtually all probate proceedings. Costs you may need to pay during probate might include:
Various court and filing fees
Personal Representative compensation - Oregon state law sets Executor fees by statute. Fees can range from two to seven percent, based on estate value
Various professional fees (Appraiser, Land Surveyor, etc.)
A Personal Representative Bond, required unless the Will states otherwise
Common Questions About Probate in Oregon
How Long Does Probate Take in Oregon?
In the state of Oregon, probate can take a minimum of four months. Any complications arising along the way could extend the process.
How Much Does a Probate Lawyer Cost in Oregon?
Since probate lawyer fees in Oregon can differ, it’s hard to estimate how much the process will cost should you choose to hire an attorney. Simple probates may cost around $2,000, but an average is closer to $3,000 - $5,000 (and up).
How to Avoid Probate in Oregon?
Some people try to avoid probate, which is not unreasonable given that it can be a taxing (emotionally and financially) process. It may be possible to avoid probate in Oregon by:
Writing and properly funding a Revocable Living Trust
Titling property: Joint Tenancy; Tenancy by Entirety; or Community Property with Right of Survivorship
Creating accounts that will TOD or POD (Transfer on Death; Payable on Death)
Keeping beneficiaries up to date
Estates valued below the “small estate” threshold can likely avoid probate or at least go through an expedited version of it.
What is Considered a Small Estate in Oregon?
Oregon allows for an Affidavit to be signed when an estate’s fair market value is $275,000; no more than $200,000 can be in real estate; no more than $75,000 can be personal property.
Who Pays Probate Fees in Oregon?
Probate attorney fees in Oregon (just like any other probate fee) can be paid for out of the estate.