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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33723
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My question is what is my Personal Representative Fee in the

Customer Question

My question is what is my Personal Representative Fee in the State of Oregon for a non-probated estate?
Details Below:
My mother recently passed away and was a resident in the State of Oregon. Her Will names me as the Personal Representative. There are 5 siblings including myself with her estate to be distributed equally.
The total estate will be worth around $700,000 which includes her home (approximately $525,000, cash accounts $130,000 and personal property $45,000) . I will not be probating her estate because we had a Transfer on Death Deed (T0DD) recorded three years ago. I am the co-owner of her cash accounts by rights of survivorship. This cash will be distributed as part of her estate to the 5 siblings equally. Her personal property will be sold with the proceeds being distributed equally among the 5 siblings.
The Oregon statute for Personal Representative Fees seem to only talk about Probated Assets. Does the same schedule apply to non-probated estates? Also, what would my approximate fee be on a $700,000 estate?
Submitted: 5 months ago.
Category: Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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This is governed under ORS 116.173 and states that:

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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, the compensation shall not be increased, but may be divided among them as they agree or as the court may order. The compensation is a commission upon the whole estate, as follows:

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(a) Upon the property subject to the jurisdiction of the court, including income and realized gains:

(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.

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So the critical term here is: "Upon application to the court..."

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If you don't apply to the court to settle the estate, then that statute doesn't technically apply.

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And for what it is worth, if there was a TOD deed then that property is not considered part of the estate. Further the cash accounts would not be part of the estate if there was a survivorship joint account holder agreement..

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So for all intents and purposes only the personal property would be in mother's probate estate and that would be all you legally had to divide up in a probate case if you filed one.

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With that said, if you choose to share the proceeds from the house and bank accounts, that is your choice, but it would be a gift from you to the other heirs because you are under no legal obligation to divide up those assets.

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thanks

Barrister

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