116.173
Compensation of personal representative. (1) As used in this section, “property subject to the
jurisdiction of the court” means:
(a) All property
owned by the decedent at the time of death that is subject to administration,
including but not limited to amounts recovered on a personal injury claim, as
defined in ORS 114.441;
(b) All income
received during the course of the administration of the estate;
(c) All gains
realized on the sale or disposition of assets during the course of the
administration of the estate, to the extent that the gain realized on each
asset sold or disposed of exceeds the value of the asset as provided in
subsection (2) of this section;
(d) All
unrealized gains on assets acquired during the course of administration of the
estate; and
(e) Proceeds
recovered in a wrongful death claim, as defined in ORS 114.441, by judgment or
settlement.
(2)(a) For
purposes of this section, each asset shall be valued at its highest value as
shown in the inventory, any amended or supplemental inventory, any interim
account or the final account or statement in lieu of the final account filed
under ORS 116.083, which may be based upon revaluation of the asset to reflect
its then current fair market value.
(b) If the
highest value of an asset as shown in the inventory, any amended or
supplemental inventory, any interim account or the final account or statement
in lieu of the final account filed under ORS 116.083 was materially misstated
at the time of filing of the document, the value of the asset is the highest
correctly stated value of the asset as shown in the inventory, any amended or
supplemental inventory, any interim account or the final account or statement
in lieu of the final account filed under ORS 116.083.
(3) Unless the
court has granted a request for a different determination of the compensation
of the personal representative under ORS 113.038, upon application to the court
a personal representative is entitled to receive compensation for services as
provided in this section. If there is more than one personal representative
acting concurrently or consecutively, the compensation may not be increased,
but may be divided among the personal representatives as they agree or as the
court may order. The compensation is a commission upon the whole estate, as
follows:
(a) Upon the
property subject to the jurisdiction of the court:
(A) Seven percent
of any sum not exceeding $1,000.
(B) Four percent
of all above $1,000 and not exceeding $10,000.
(C) Three percent
of all above $10,000 and not exceeding $50,000.
(D) Two percent
of all above $50,000.
(b) One percent
of the property, exclusive of life insurance proceeds, not subject to the
jurisdiction of the court but reportable for Oregon estate tax or federal
estate tax purposes.
(4) In all cases,
further compensation as is just and reasonable may be allowed by the court for
any extraordinary and unusual services, including services not ordinarily
required of a personal representative in the performance of duties as a
personal representative.
(5) When a
decedent by will has made special provision for the compensation of a personal
representative:
(a) The personal
representative is not entitled to any other compensation for services unless
prior to appointment the personal representative signs and files with the clerk
of the court a written renunciation of the compensation provided by the will.
(b) If the assets
of the estate are insufficient to pay in full all expenses or claims of the
estate, the compensation of the personal representative may not exceed the
compensation provided by subsections (3) and (4) of this section. [Formerly
117.680; 2005 c.126 §1; 2011 c.526 §20; 2017 c.169 §36; 2019 c.166 §10]
116.175 [Repealed by 1969 c.591 §305]
116.180 [Repealed by 1969 c.591 §305]
Notes of Decisions
Cited in
11
cases (
2 in the last 5 years), 1980–2025 · leading case:
Brown v. Hackney, 208 P.3d 988 (Or. Ct. App. 2009).
Brown v. Hackney, 208 P.3d 988 (Or. Ct. App. 2009).
· cites it 11× “Plaintiff relies on ORS 116.173, the statute governing compensation to a personal representative, and, specifically, that statute’s precept that a personal representative is to be paid a commission based only on the “whole estate,” and argues that the statutory definition of…”
Kidney Ass'n of Oregon, Inc. v. Ferguson, 775 P.2d 1383 (Or. Ct. App. 1989).
· cites it 14× “The court limited the personal representative's total fee to that provided by ORS 116.173(1) (which the court calculated to be $10,665.”
In Re Complaint as to the Conduct of Stauffer, 956 P.2d 967 (Or. 1998).
“ORS 116.173. 4 Birnie apparently believed that the Smiths had owned the house jointly with rights of survivorship and that the interest in the house, therefore, had been included in the Estate’s initial inventory by mistake.”
Adams v. West Coast Trust, 338 P.3d 171 (Or. Ct. App. 2014).
· cites it 3× “tain fair value; (3) the personal representative had failed to disclose to petitioners that “higher offers than the auction price had already been offered, or that [NW Natural], which, as predicted by petitioners, was the only bidder at the auction, had privately agreed to…”
Hammond v. Rush, 345 Or. App. 660 (Or. Ct. App. 2025).
“See ORS 116.173 (“[A] personal representative is entitled to receive compensa- tion for services” based on the value of the estate, including “all income received during the course of the administration of the estate.”
Hammond v. Rush, 345 Or. App. 660 (Or. Ct. App. 2025).
“See ORS 116.173 (“[A] personal representative is entitled to receive compensa- tion for services” based on the value of the estate, including “all income received during the course of the administration of the estate.”
Bowles v. Winslow, 617 P.2d 297 (Or. Ct. App. 1980).
“795 *446 shall not exceed 50 percent of the compensation allowable to an executor or administrator under ORS 116.173 or a minimum charge of $100. Such compensation shall be based upon the amount due on the obligation, both principal and interest, at the time of the trustee’s…”
— Or. Rev. Stat. § 116.173(1) — 5 cases
Kidney Ass'n of Oregon, Inc. v. Ferguson, 775 P.2d 1383 (Or. Ct. App. 1989).
“The court limited the personal representative's total fee to that provided by ORS 116.173(1) (which the court calculated to be $10,665.”
Brown v. Hackney, 208 P.3d 988 (Or. Ct. App. 2009).
“Plaintiff relies on ORS 116.173, the statute governing compensation to a personal representative, and, specifically, that statute’s precept that a personal representative is to be paid a commission based only on the “whole estate,” and argues that the statutory definition of…”
Adams v. West Coast Trust, 338 P.3d 171 (Or. Ct. App. 2014).
“tain fair value; (3) the personal representative had failed to disclose to petitioners that “higher offers than the auction price had already been offered, or that [NW Natural], which, as predicted by petitioners, was the only bidder at the auction, had privately agreed to…”
— Or. Rev. Stat. § 116.173(1)(a) — 1 case
Kidney Ass'n of Oregon, Inc. v. Ferguson, 775 P.2d 1383 (Or. Ct. App. 1989).
“The court limited the personal representative's total fee to that provided by ORS 116.173(1) (which the court calculated to be $10,665.”
— Or. Rev. Stat. § 116.173(2) — 3 cases
Brown v. Hackney, 208 P.3d 988 (Or. Ct. App. 2009).
“Plaintiff relies on ORS 116.173, the statute governing compensation to a personal representative, and, specifically, that statute’s precept that a personal representative is to be paid a commission based only on the “whole estate,” and argues that the statutory definition of…”
Kidney Ass'n of Oregon, Inc. v. Ferguson, 775 P.2d 1383 (Or. Ct. App. 1989).
“The court limited the personal representative's total fee to that provided by ORS 116.173(1) (which the court calculated to be $10,665.”
Adams v. West Coast Trust, 338 P.3d 171 (Or. Ct. App. 2014).
“tain fair value; (3) the personal representative had failed to disclose to petitioners that “higher offers than the auction price had already been offered, or that [NW Natural], which, as predicted by petitioners, was the only bidder at the auction, had privately agreed to…”
— Or. Rev. Stat. § 116.173(l)(a) — 1 case
Kidney Ass'n of Oregon, Inc. v. Ferguson, 775 P.2d 1383 (Or. Ct. App. 1989).
“The court limited the personal representative's total fee to that provided by ORS 116.173(1) (which the court calculated to be $10,665.”
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