Can a co‑heir be required to reimburse an appraisal before an estate buyout? — Clear answers under Oregon law

Short answer: Possibly — but it depends on who ordered or paid for the appraisal, whether the appraisal was obtained as part of estate administration, and whether you have (or can get) an agreement or a court order requiring reimbursement. If the appraisal was an administration expense ordered by the personal representative, it is usually paid from the estate. If it was ordered by one heir specifically to support a private buyout, the cost is typically a matter for negotiation and can be treated as part of the buyout price or allocated by agreement or court order.

How Oregon law frames the issue

Oregon’s probate statutes set out how a decedent’s estate is administered and how costs of administration are handled. Matters about what the estate pays, what heirs must pay, and how disputes are resolved generally fall under the statutes governing estate administration and the probate court’s powers. For an overview of Oregon’s probate statutes, see the Administration of Estates chapter of the Oregon Revised Statutes: ORS Chapter 113 — Administration of Estates.

Key fact patterns and likely outcomes

1) Appraisal ordered or approved by the personal representative (PR)

If the personal representative ordered the appraisal as part of administering the estate (for sale, valuation for distribution, tax reporting, or to carry out the PR’s duties), the appraisal cost is generally an estate administration expense. Administration expenses are normally paid from estate assets before distribution to heirs. In that situation you generally cannot require a co‑heir to reimburse you personally for the fee — the estate pays it.

2) Appraisal paid for by one heir for a private buyout or negotiation

If you (or another co‑heir) independently hired and paid for an appraisal to determine a fair buyout price, the payment is not automatically recoverable from other heirs unless there is an agreement or a court ruling. Typical outcomes are:

• You and the co‑heir agree the co‑heir will reimburse you (either directly or by reducing the buyout amount).
• If no agreement exists, you can ask the probate court to decide whether the appraisal fee should be charged to the estate or split among heirs, or you can ask a civil court to enforce reimbursement if you can prove the other heir agreed to pay.

3) Appraisal obtained for partition or sale initiated by an heir

If an heir starts a partition action or forces a sale of property, the court can allocate costs, including appraisal fees, between parties. How a court allocates those costs depends on the facts and the equities.

What you should check and document

• Who ordered the appraisal? (A PR acting under court authority, or an individual heir?)
• Who hired and paid the appraiser? Keep invoices and receipts.
• Was the appraisal required by the PR, a buyer, or the court?
• Is there a written agreement (email, text, settlement memo) that says the co‑heir will reimburse appraisal costs or accept an offset against the buyout price?
• Does the appraisal benefit the estate generally (e.g., to set distributable values) or only one party’s private interest?

Practical steps to take

1. Gather documentation: appraisal report, invoice, payment proof, communications showing who authorized the appraisal.
2. Raise the issue in writing with the co‑heir. Propose how to handle costs (reimbursement, offset against buyout price, or split). Put any agreement in writing.
3. If you are the personal representative and you think the appraisal is an estate expense, list it in your accounting and pay from estate funds or seek court approval if required.
4. If the co‑heir refuses and you have no agreement, consider filing a petition in the probate court asking the court to determine whether the fee is an estate expense or ordering an equitable division of costs.
5. Consider mediation. Probate and property disputes can often be resolved faster and cheaper through mediation than litigation.

Where to get more information and help

Oregon’s probate court pages explain procedures for accountings, petitions, and disputes: Oregon Judicial Department — Probate. For statute-level detail about duties of personal representatives and estate administration, review ORS Chapter 113: ORS Chapter 113 — Administration of Estates.

When to consult an attorney

If the reimbursement is significant, the co‑heir refuses to negotiate, or the estate has limited funds and contested claims, consult an attorney who handles probate and estate disputes. An attorney can advise whether the appraisal is recoverable from the estate, negotiate a buyout agreement, prepare a petition to the probate court, or represent you in mediation or litigation.

Helpful hints

• Get any reimbursement agreement in writing and attach the appraisal invoice.
• If you’re the PR, document why the appraisal was necessary and include the cost in your accounting to the court.
• If you want to recover appraisal costs later, preserve all communications showing that others relied on the appraisal or agreed to its use.
• Consider using the appraisal value as the baseline and negotiate an offset rather than a separate cash reimbursement — that often simplifies settlement.
• Use mediation clauses in buyout agreements to avoid expensive court fights later.

Disclaimer: This article explains general information about Oregon law and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Oregon attorney.