Oregon Probate Court Filing Fees: What You'll Pay in 2025–2026

Oregon probate costs money — but how much depends heavily on the total value of the estate and which procedural pathway the estate qualifies for. The difference between a Simple Estate Affidavit and formal probate isn't just a matter of complexity; it's the difference between paying a flat $124 and paying up to $1,176 in circuit court fees alone, before any attorney or CPA costs are added.

Understanding the fee structure before you start means you can plan accordingly and avoid unnecessary surprises at the clerk's window.

The Two Pathways and Their Fee Structures

Oregon offers two distinct routes for settling most estates: the Simple Estate Affidavit (for smaller estates) and formal probate (for larger or more complex ones). The fees are governed by separate statutes.

Simple Estate Affidavit: Flat $124 Fee

The Simple Estate Affidavit — formerly called the Small Estate Affidavit — is available for estates that meet strict dollar thresholds:

• Personal property (bank accounts, vehicles, jewelry, brokerage accounts): no more than $75,000 in fair market value
• Real property (land, homes, commercial structures): no more than $200,000 in fair market value
• Combined total: no more than $275,000

These values are based on gross fair market value — not net equity. A house worth $400,000 with a $380,000 mortgage does not qualify, because the fair market value ($400,000) exceeds the $200,000 real property limit.

Non-probate assets — joint tenancy accounts, life insurance with named beneficiaries, assets in revocable living trusts — are excluded from this calculation entirely.

The filing fee for a Simple Estate Affidavit is set by ORS 21.145 at $124 — a flat fee regardless of the estate's value within the qualifying limits. This fee is paid to the circuit court in the county where the decedent lived.

Additional costs to plan for with the Simple Estate Affidavit:

• Death certificates: $25 per copy from the Oregon Health Authority (plus fees if ordered online through VitalChek)
• Recording fees: If real property is involved, expect $86–$87 per page at county recorder offices to record the Short Form death certificate or an affidavit of survivorship (Multnomah County, Marion County, and Clatsop County are around $86–$87 for the first page)
• Notarization: The affidavit must be notarized; most UPS stores or banks charge $5–$15 per signature

Total cost for a simple estate: Realistically, $150–$300 in government fees for a typical Simple Estate Affidavit case, plus any private costs for preparing the documents.

Formal Probate: Sliding-Scale Circuit Court Fees

If the estate exceeds the Simple Estate Affidavit thresholds, involves complex assets, or faces disputes among beneficiaries or creditors, formal probate becomes necessary. Circuit court probate filing fees are governed by ORS 21.170 and scale based on the gross value of the estate:

These fees are paid at the time of filing the petition for probate. Note that these are circuit court filing fees only — the actual total cost of probate includes attorney fees, personal representative compensation, appraisal costs, and accounting fees.

When formal probate is mandatory:

• The estate's gross value exceeds the Simple Estate Affidavit thresholds
• The will is contested or there are disputes among beneficiaries
• The decedent owned business interests requiring court-supervised transfer
• A minor or incapacitated beneficiary will receive estate assets

What the Filing Fee Doesn't Cover

The circuit court filing fee is the baseline, but Oregon estates face additional costs that can add up quickly:

Personal representative compensation: Oregon sets statutory fee rates for personal representatives — typically a percentage of the estate value, though the exact schedule can be found in the Letters Testamentary or agreed to among the parties. These fees are generally deductible as administration expenses on Form OR-706.

Attorney fees: Oregon probate attorneys typically bill hourly ($300–$600 per hour in the Portland metro area) or on a percentage-of-estate basis. For estates involving real property, business interests, or OR-706 filing requirements, plan for several thousand dollars in attorney costs at minimum.

CPA and accounting fees: If the estate requires an OR-706 estate tax return, a Form OR-41 fiduciary income tax return, or complex allocation of deductions between returns, accounting fees range from $1,000 to $5,000+ depending on complexity.

Publication fees: For formal probate, Oregon requires publishing notice to creditors in a local newspaper. The Oregon Judicial Department maintains an approved list of papers per county. Publication costs vary widely — from roughly $75 in rural counties to $200+ in major metro areas.

Inventory and appraisal: The personal representative must file a complete inventory of estate assets with the probate court within 60 days of appointment. If the estate contains real property, a professional appraisal of the property at the date of death is typically required. Appraisal fees range from $400 to $800 for a residential property.

Closing costs: At the conclusion of formal probate, the personal representative files a final accounting and petitions for a Decree of Final Distribution. There may be additional court fees associated with filing the final accounting, though these are generally minimal.

County-Specific Surcharges

Oregon's circuit court filing fees under ORS 21.170 are statewide minimums. Some counties add technology surcharges, courthouse improvement fees, or document management fees on top of the base fee. These surcharges are typically $5–$30 and are disclosed at the clerk's window when you file.

Recording fees for real property instruments — death certificates, affidavits of survivorship, deeds — vary by county and can change annually. Call the county recorder's office directly before filing to confirm the current fee schedule and acceptable payment methods.

The Cost Comparison: Simple Estate Affidavit vs. Formal Probate

For estates that clearly qualify for the Simple Estate Affidavit — under $275,000 with the sub-limits respected — the cost advantage is enormous. The flat $124 fee, combined with minimal attorney involvement, makes it practical for families to administer the estate themselves.

For estates over $275,000, especially those approaching or exceeding the $1 million estate tax threshold, the formal probate process is unavoidable. At that level, attorney and accounting fees are justified by the complexity involved — particularly if OR-706 must be filed and strategic deduction planning is required to minimize estate tax.

The Oregon Final Tax & Estate Tax Guide walks through both pathways in detail, including the Simple Estate Affidavit procedure, the four-month creditor window, and the formal probate filing requirements — with checklists to help you navigate both routes without unnecessarily expensive professional intervention.

See more Oregon guides →