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§ 21.310 Probate filing and trial fees

Codes > Oregon Revised Statutes > Title 2 > Chapter 21 : Circuit Court > (Probate Fees) : 21.310

21.310. Probate filing and trial fees

    (1) Except as provided in ORS 114.515, 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:

    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.

    (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.

    REPEAL

This section repealed by Laws 2011, c. 595, § 20, eff. July 1, 2011, operative Oct. 1, 2011.