ORS 116.183
Expenses of personal representative

  • determination of attorney fees

(1)

A personal representative shall be allowed in the settlement of the final account all necessary expenses incurred in the care, management and settlement of the estate, including reasonable fees of appraisers, attorneys and other qualified persons employed by the personal representative. A partial award of such expenses, including fees, may be allowed prior to settlement of the final account upon petition, showing that the final account reasonably cannot be filed at that time, and upon notice as directed by the court.

(2)

Intentionally left blank —Ed.

(a)

An award of reasonable attorney fees under this section shall be made after consideration of the customary fees in the community for similar services, the time spent by counsel, counsel’s experience in such matters, the skill displayed by counsel, the result obtained, any agreement as to fees between the personal representative and the counsel of the personal representative, the amount of responsibility assumed by counsel considering the total value of the estate, and other factors as may be relevant. No single factor is controlling.

(b)

Before the court awards attorney fees in an amount less than the amount requested by the personal representative, the court must allow the attorney an opportunity to submit additional materials supporting the requested amount.

(3)

A personal representative who defends or prosecutes any proceeding in good faith and with just cause, whether successful or not, is entitled to receive from the estate necessary expenses and disbursements, including reasonable attorney fees, in the proceeding. [1969 c.591 §185; 1977 c.733 §1; 1987 c.518 §1; 2017 c.169 §37; 2021 c.282 §20]

Source: Section 116.183 — Expenses of personal representative; determination of attorney fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors116.­html.

Notes of Decisions

Under this section, where personal representative in good faith unsuccessfully prosecuted appeal from denial of petition to admit will to probate, he was entitled to recover necessary expenses and attorney fees incurred on appeal. Hunter v. Craft, 287 Or 465, 600 P2d 415 (1979)

In absence of bad faith or fraud to deprive attorney of reasonable fees, this section did not imply duty on the part of personal representative to appeal award of attorney fees which attorney for estate deemed inadequate. Smith v. U.S. National Bank, 47 Or App 967, 615 P2d 1119 (1980), Sup Ct review denied

Fact that personal representative was sole beneficiary did not preclude his recovery from estate of expenses and attorney fees which arose from good faith defense of will in court. Hurd v. Mosby, 54 Or App 713, 636 P2d 436 (1981)

Court may consider whether lawyer has breached professional duty when determining reasonableness of lawyer’s fee. Kidney Association of Oregon v. Ferguson, 315 Or 135, 843 P2d 442 (1992)

Law Review Citations

26 WLR 285 (1990)

116.007
Allocation of income 116.013
Petition and order for partial distribution 116.023
Bond or other security 116.033
Discharge of personal representative 116.043
Petition and order for refund by distributee 116.063
Liability of personal representative 116.073
Nonliability of personal representative 116.083
Accounting by personal representative 116.093
Notice for filing objections to final account and petition for distribution 116.103
Objections to final account and petition 116.113
Judgment of final distribution 116.123
Effect of approval of final account 116.133
Distribution 116.143
Interest on pecuniary devises 116.153
Right of offset and retainer 116.163
Distribution to foreign personal representative 116.173
Compensation of personal representative 116.183
Expenses of personal representative 116.193
Order of escheat 116.203
Disposition of unclaimed assets 116.208
Motion to close estate with no known assets 116.213
Discharge of personal representative 116.223
Recording of deed from personal representative 116.233
Reopening estate of decedent 116.243
Reports by court clerks, county clerks or court administrators to State Treasurer 116.253
Recovery of escheated property 116.263
Payment of debt and delivery of property to foreign personal representative without local administration 116.303
Definitions for ORS 116.303 to 116.383 116.313
Apportionment among interested persons 116.323
Apportionment proceedings 116.333
Withholding of tax 116.343
Allowances for exemptions, deductions and credits 116.353
Income interests 116.363
Proceedings for recovery of tax 116.373
Foreign personal representatives and estates 116.383
Construction
Green check means up to date. Up to date

Current through early 2024

§ 116.183’s source at oregon​.gov