ORS 21.310¹
Probate filing fees and trial fee

(1) Except as provided in ORS 114.515 (Value of estate), in a court having probate jurisdiction, the clerk of the court shall charge and collect the following fees for the filing of the initial documents in any probate proceeding, including petitions for the appointment of personal representatives, probate of wills and contest of wills, or in any conservatorship proceeding:

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Where the amount of the estate is:

1. Not more than $10,000-a fee of $23.

2. More than $10,000 and not more than $25,000-a fee of $77.

3. More than $25,000 and not more than $50,000-a fee of $154.

4. More than $50,000 and not more than $100,000-a fee of $231.

5. More than $100,000 and not more than $500,000-a fee of $308.

6. More than $500,000 and not more than $1,000,000-a fee of $385.

7. More than $1,000,000-a fee of $462.

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(2) In determining fees under subsection (1) of this section in a probate proceeding, the amount of a settlement in a wrongful death action brought for the benefit of the decedent’s surviving spouse or dependents is not part of the estate.

(3) In a court having probate jurisdiction, the clerk shall charge and collect a fee of $23 for the filing of the initial documents in any guardianship proceeding.

(4) In a court having probate jurisdiction, the clerk shall charge and collect a fee of $8 at the time of filing a will without a petition for probate.

(5) At the time of filing any answer, motion or objection in a probate proceeding or protective proceeding under ORS chapter 125, the party filing the answer, motion or objection shall pay a fee of $19 to the clerk.

(6) A pleading or other document shall be filed by the clerk only if the fee required under this section is paid or if a request for a fee waiver or deferral is granted by the court.

(7) In any probate proceeding or protective proceeding under ORS chapter 125 in a court having probate jurisdiction, the clerk shall charge and collect in advance from the party having the affirmative of the issue, at the time the proceeding comes on for trial or hearing upon the issues of fact or law involved therein, a trial or hearing fee of $39. [Amended by 1955 c.458 §3; 1965 c.619 §14; 1971 c.621 §5; 1973 c.506 §1; 1975 c.607 §5; 1979 c.833 §6; 1981 s.s. c.3 §74; 1985 c.496 §5; 1995 c.664 §72; 1997 c.801 §28; 2003 c.737 §§26,27; 2005 c.702 §§29,30,31; 2007 c.129 §16]

Note: Section 15 (8), chapter 860, Oregon Laws 2007, provides:

Sec. 15. (8)(a) In addition to the fees provided for in ORS 21.310 (Probate filing fees and trial fee) (1), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk of the court shall collect the following surcharges for the filing of the initial papers in any probate proceeding, including petitions for the appointment of personal representatives, probate of wills and contest of wills, or in any conservatorship proceeding:

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Where the amount of the estate is:

1. Not more than $10,000--a surcharge of $1.

2. More than $10,000 and not more than $25,000--a surcharge of $4.

3. More than $25,000 and not more than $50,000--a surcharge of $8.

4. More than $50,000 and not more than $100,000--a surcharge of $12.

5. More than $100,000 and not more than $500,000--a surcharge of $15.

6. More than $500,000 and not more than $1,000,000--a surcharge of $19.

7. More than $1,000,000--a surcharge of $23.

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(b) In addition to the fee provided for in ORS 21.310 (Probate filing fees and trial fee) (3), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk shall collect a surcharge of $1 for the filing of the initial papers in any guardianship proceeding.

(c) In addition to the fee provided for in ORS 21.310 (Probate filing fees and trial fee) (5), for the period commencing September 1, 2007, and ending June 30, 2009, at the time of filing any answer, motion or objection in a probate proceeding or protective proceeding under ORS chapter 125, the party filing the answer, motion or objection shall pay a surcharge of $1 to the clerk.

(d) In addition to the fee provided for in ORS 21.310 (Probate filing fees and trial fee) (7), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk shall collect from the party having the affirmative of the issue, at the time the proceeding comes on for trial or hearing upon the issues of fact or law involved therein, a surcharge on the trial or hearing fee of $2. [2007 c.860 §15(8)]

Atty. Gen. Opinions

Minimum probate filing fees for "small estates," (1974) Vol 37, p 212; Pay­ment of law library fee with fee re­quired for filing will without peti­tion for probate, (1983) Vol 44, p 18

1 Legislative Counsel Committee, CHAPTER 21—Fees Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors21.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 21, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­021ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information