Executor Compensation and Fees (OR)

In Oregon, the estate executor is known as a "personal representative".

If the will does not specify an executor fee (or you have renounced your claim to that fee), then Oregon law determines executor fees as a percentage of the gross estate subject to the jurisdiction of the court:

• 7.0% on the first $1K
• 4.0% on the next $9K
• 3.0% on the next $40K
• 2.0% on anything more

So, for example, an Oregon $40K estate would yield $1,330 in executor fees, and a $600K estate would generate $12,630 in executor fees.

This calculation can be a little complicated, though, since OR statute specifies that asset valuation should be the valuation at time of death, or at distribution, whichever is higher. Any gains are included; losses are not. And any income generated by the estate is also included in these calculations.

While assets with named beneficiaries, such as 401Ks or IRAs, are not subject to the jurisdiction of the court, and are thus NOT included in the above calculations, in Oregon the executor can also charge 1% of other assets, excluding life insurance proceeds, not subject to the jurisdiction of the court but reportable for Oregon estate tax or federal estate tax purposes (such as IRAs and 401Ks).

Finally, the court can also allow additional compensation for "extraordinary" services. Common interpretations of "extraordinary" include overseeing the sale or lease of real estate, running a business, conducting litigation, preparing tax returns yourself, handling tax audits, and so on.

Note that even if a will specifies the compensation for the executor, the executor may renounce the relevant provision before being assigned executor, and be entitled to compensation as per above.

See Oregon Revised Statutes § 116.173.

EstateExec provides the following executor compensation estimator for OR estates, but please keep in mind that circumstances may vary, and that there may be special situations addressed by local custom or law. By using this estimator, you acknowledge that EstateExec provides any results as informational input only, not as legal advice, and cannot be held responsible for any inaccuracies for, or misunderstandings about, any given estate.

You can use this calculator now, but if you use EstateExec to help you track the settlement process, it will automatically perform the sometimes complex calculations to provide inputs for the fields below (you can create an estate for free).