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Wills, trusts, and estates

executor fee

Although many executors of wills manage the administration of the deceased person’s (decedent’s) estate without compensation, a person who makes a will (testator) may provide for compensation of the executor in the will. And many states have laws (statutes) that provide a formula for calculating the compensation of an executor. These laws vary from state to state and are often located in the estates code, probate code, or similarly-named code.

In Oregon, the compensation of an executor of a will, also known as a personal representative, is governed by state statutes found in the Oregon Revised Statutes (ORS). Specifically, ORS 116.173 outlines the compensation for personal representatives. While a testator can specify the compensation for the executor in the will, if the will does not mention compensation or the executor declines the compensation provided in the will, the executor is entitled to reasonable compensation for their services. Oregon law does not provide a specific formula for calculating this compensation, but it does consider the time, effort, difficulty of the task, and the skill with which it is performed. The compensation is subject to the approval of the probate court, which will ensure that the fees are reasonable given the size and complexity of the estate. Additionally, the executor may be reimbursed for any necessary expenses incurred in the administration of the estate.

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Wills, trusts, and estates

executor fee

Individual & Family Legal Plan

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Oregon State Code

Oregon State Code

Wills, trusts, and estates

executor fee

Articles