Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
In Oregon, a personal representative (formerly known as an executor) is generally entitled to receive a commission on the value of the estate’s assets, including the proceeds from the sale of estate property. The commission compensates the personal representative for administering the estate, which may involve collecting assets, paying debts, filing tax returns, and distributing property to heirs or beneficiaries.
Statutory Basis: Oregon Revised Statutes (ORS) chapter 116 governs compensation for personal representatives. The primary provisions are found in ORS 116.115 and ORS 116.120. You can read these statutes on the Oregon Legislature’s website:
- ORS 116.115 – Commission or Fees of Personal Representative
- ORS 116.120 – Extraordinary Compensation
Under ORS 116.115, unless waived by the will or by agreement of interested persons, a personal representative is entitled to a commission based on the gross value of the estate at the time of distribution. That gross value includes:
- The fair market value of assets on the date of death.
- Proceeds from the sale of estate property.
The statute sets a tiered commission structure (for example, a percentage applied to different brackets of value). The exact percentages are defined in the statute and may be adjusted by the legislature over time. If the personal representative performs services beyond ordinary administration—such as complex tax accounting or litigation—they may petition for extraordinary compensation under ORS 116.120. The court will then determine a reasonable fee based on the time, effort, and expertise required.
Procedure to Request a Commission:
- Include a statement of fees in the personal representative’s final accounting filed with the probate court.
- Provide notice to all interested persons (heirs and beneficiaries) of the proposed commission.
- If no objection is raised within the statutory period, the court typically approves the commission as requested.
- If there is an objection, the court will hold a hearing and set the fee it deems reasonable.
Helpful Hints
- Review ORS 116.115 carefully to understand the current commission percentages and brackets.
- Communicate transparently with beneficiaries about the commission request to minimize objections.
- Keep detailed time records and receipts if you plan to request extraordinary compensation under ORS 116.120.
- Consider seeking informal mediation if beneficiaries dispute the proposed commission.
- Consult a probate attorney early to confirm that your fee request complies with Oregon law and procedure.