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What is the Cost of Probate in Oregon?

What is the Cost of Probate in Oregon?

by | Nov 23, 2021 | Estate Planning, Family Trusts, Living Trusts, Probate, Trusts

Probate is the process of distributing property after the death of an estate owner.  In Oregon, probate is supervised by the Court and is generally assigned to the probate department of the Circuit court in the county in which the estate owner died.

We often receive questions about the cost of probating an estate in Oregon.  Unfortunately, it is very difficult to give an accurate estimate of the final cost of your family’s probate case.  The cost will vary depending on a number of factors.  These factors include:

  • The size and the complexity of the estate
  • Whether or not any heirs will contest the Will
  • The existing Estate Plans that are in effect
  • Whether the estate will involve litigation

We can help you with your probate case.  Call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a fee probate consultation.

What are Common Probate Fees in Oregon?

There is a wide range of fees and costs in probate depending on the size and complexity of the estate.  There are filing fees for all probate proceedings.  These fees are based on the dollar value of the estate and are set by law.  Probate costs often include:

  • Court and filing fees
  • Surety bonds
  • Attorney fees
  • Personal Representative compensation
  • Various professional fees (Appraiser, Land Surveyor, CPA, etc.)

How Long Will It Take to Probate the Estate in Oregon?

Probate in the state of Oregon will take a minimum of four months.  Larger more complex estates may take a year or longer to conclude.  The process begins with the filing of Petition and ends with a Final Accounting.  The Court has strict guidelines for the process.  Complications arising during the process could extend the time necessary complete the Probate.

 How Much Does a Probate Lawyer Cost in Oregon?

The final cost of attorney fees will depend on the size and complexity of the case.  Probate cases are generally handled by the hour.  The cost will depend on the number hours required to complete the case and hourly rate of your attorney.  Attorney’s fees are paid out of the estate and must be approved by the Court.  Large firms charge as much as $450 an hour for complex estates.  Smaller firms with experienced probate lawyers or sole practitioners who specialize in probate will charge less and are an effective resource.  A Simple probate will cost around $2,500, but an average is closer to $3,000 to $5,000 and up depending on the size and complexity of your case.

Can I Avoid Probate in Oregon?

 Proper Estate Planning is essential to avoid Probate.  The probate process is time consuming.  It can be taxing both emotionally and financially and can be eliminated through careful planning.  Probate may be avoided by:

  • A well drafted and properly funded Living Trust
  • Holding title to property by Joint Tenancy, Tenancy by the Entirety; or Community Property with a right of Survivorship
  • Establishing accounts as TOD or POD (Transfer on Death; Payable on Death)
  • Keeping beneficiaries up to date
  • Staying below the Small Estate threshold

 What is the Small Estate Threshold in Oregon?

Oregon law provides for a simplified estate process for a “Small Estate” when the estate has a fair market value of $275,000 or less of which no more than $200,000 can be in real estate and no more than $75,000 can be personal property.  In the current real estate market, very few estates with homes or other real property will now qualify as small estates.

Contact Paul F. Sherman for Expert Advice on Your Probate Case and Get the Results You and Your Family Deserve

The Law Offices of Paul F. Sherman has decades of vital experience in handling probate and intestate estates.  You do not have to face the complexities of probate alone.

We know you have questions and we have answers.  If you would like more information about probate or intestate estate administration, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free probate consultation.