Probate Fee Schedule

Effective November 1, 2007

 
Fee Authority
Base Fee
Law Library
Surcharge   
Total Fee
Estates/Conservatorships:
ORS 21.310
 
 
 
 
Not More than $10,000  
$23.00
$6.00
$1.00
$30.00
$10,001 - $25,000  
$77.00
$22.00
$4.00
$103.00
$25,001 - $50,000  
$154.00
$43.00
$8.00
$205.00
$50,001 - $100,000  
$231.00
$65.00
$12.00
$308.00
$100,001 - $500,000  
$308.00
$86.00
$15.00
$409.00
$500,001 - $1,000,000  
$385.00
$108.00
$19.00
$512.00
More than $1,000,000  
$462.00
$129.00
$23.00
$614.00
Small Estate Affidavit  
$23.00
$6.00
$1.00
$30.00
Guardianship Petition
ORS 21.310
$23.00
$6.00
$1.00
$30.00
Hearing Fee
ORS 21.310
$39.00
-0-
$2.00
$41.00
Letters Test./Admin./Cons./Gdn.           
$3.75
to certify
 
                              
      plus $.25 per page    
Motion, Objection, Req. for Sum.
ORS 21.310
$19.00
$6.00
 
$25.00

ORS 21.310 the clerk shall collect fees for the filing of the initial papers in any probate proceeding, including petitions for the appointment of personal representatives, probate of wills and contest of wills, or in any conservatorship proceeding.

ORS 21.350 law library fee not greater than 28 percent of the filing fee, except that the amount shall be rounded up to the next full dollar.

****House Bill 2287 was passed by the State Legislature and is effective Oct 1, 2009.  Please note NEW Probate ACCOUNTING FEES listed below:

THE CLERK SHALL CHARGE AND COLLECT THE FOLLOWING FEES FOR AN ANNUAL OR FINAL ACCOUNTING FILED IN A PROBATE PROCEEDING OR A CONSERVATORSHIP PROCEEDING ON OR AFTER OCTOBER 1, 2009, AND BEFORE JULY 1, 2011.

If the amount of the estate is not more than $500,000, a fee of $100.

If the amount of the estate is more than $500,000 and not more than $1 million, a fee of $200.

If the amount of the estate is more than $1 million, a fee of $300.

In determining fees in a probate proceeding, the amount of a settlement in a wrongful death action brought for the benefit of the decedent's surviving spouse or dependents is not part of the estate.

 

Guardianship Fees

ORS 21.310(3) the clerk shall collect a fee of $23. for the filing of the initial papers in any guardianship proceeding. 

$23.  $6.  $1.    Total     $30.00

 

Filing any Answer, Motion or Objection

ORS 21.310(5) Filing any answer, motion or objection in a probate, conservatorship or guardianship proceeding

$19. $5. $1.    Total     $25.00

Trial or Hearing

ORS 21.310(7) in any probate, conservatorship or guardianship proceeding in a court having probate jurisdiction $35.

$39.  $2.     Total     $41.00

Small Estate Fees

ORS 114.515

$23.  $6. $1.    Total     $30.00

An affidavit under this section may be filed only if the fair market value of the estate is $200,000. or less; not more that $50,000. of the fair market value of the estate is attributable to personal property; and not more than $150,000. of the fair market value of the estate is attributable to real property. In determining fair market value of the entire interest in the property included in the estate shall be used without reduction for liens or other debts.  May not file until 30 days after the death.