How Much Does Probate Cost in Josephine County, Oregon?
Understanding what probate costs before you start helps you plan and avoid surprises. Here's what families in Josephine County can expect.
The cost of probate through the Circuit Court depends on estate size, asset complexity, and whether you use an attorney. Here's how each piece adds up.
In Oregon, attorney fees are based on reasonable compensationORS 116.183 (reasonable compensation; no statutory percentage)Verified Apr 23, 2026 and typically run 2%ORS 116.183 (reasonable compensation; no statutory percentage)Verified Apr 23, 2026 to 4%ORS 116.183 (reasonable compensation; no statutory percentage)Verified Apr 23, 2026 of estate value. For simpler estates, flat-fee arrangements with Grants Pass-area attorneys are common.
Calculate your estimated probate costs:
Court filing fees to open probate are $278 - $1,176 (based on estate value)ORS 21.170Verified Apr 23, 2026 in Oregon, plus additional fees for motions and final accounting.
Attorney fees in Josephine County typically range from 2%ORS 116.183 (reasonable compensation; no statutory percentage)Verified Apr 23, 2026 to 4%ORS 116.183 (reasonable compensation; no statutory percentage)Verified Apr 23, 2026 of estate value, though many local attorneys offer flat-rate arrangements for straightforward cases. Executor compensation in Oregon is 2%ORS 116.173 (7% first $1K, 4% $1K-$10K, 3% $10K-$50K, 2% over $50K; +1% of non-jurisdictional estate-tax-reportable property; + reasonable for extraordinary services)Verified Apr 23, 2026 to 7%ORS 116.173 (7% first $1K, 4% $1K-$10K, 3% $10K-$50K, 2% over $50K; +1% of non-jurisdictional estate-tax-reportable property; + reasonable for extraordinary services)Verified Apr 23, 2026 of estate value based on reasonable payment for time and effort managing the estate.
Oregon requires creditor notice publication in a local Josephine County newspaper, usually $200-$500. If the estate includes real property or business interests, expect appraisal fees of $300-$600 per asset.
The Circuit Court may require a surety bond unless the will explicitly waives it. When required, annual premiums run about 0.5%ORS 113.105Verified Apr 23, 2026 of estate value.
Expect the full process to run 6 monthsORS 114.510 & 114.515 (simple estateVerified Apr 23, 2026 to 12 monthsORS 114.510 & 114.515 (simple estateVerified Apr 23, 2026 at the Circuit Court. The 4 monthsORS 115.005Verified Apr 23, 2026 creditor claim period is the single biggest driver of that timeline, and costs continue to accrue while the estate remains open.
Legal Sources
- ORS 113.105
- ORS 114.510 & 114.515 (simple estate
- ORS 115.005
- ORS 116.173 (7% first $1K, 4% $1K-$10K, 3% $10K-$50K, 2% over $50K; +1% of non-jurisdictional estate-tax-reportable property; + reasonable for extraordinary services)
- ORS 116.183 (reasonable compensation; no statutory percentage)
- ORS 21.170
Data sourced from Oregon statutes and official state code. How we research.
Frequently Asked Questions
Total probate costs usually run 3–8% of the estate value. For Josephine County, that means filing fees (about $591 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
The petition to open probate costs about $591 in Josephine County. Additional filings during administration (inventory, accounting, final petition) can add to the total. The calculator above shows the full picture.
Oregon uses "reasonable fees" — usually hourly billing or a percentage of the estate. Typical range is 2%–4% of estate value, negotiable based on complexity.
Oregon caps executor compensation by statute — the same schedule used for attorney fees in many states. Executors can waive this fee, which often makes sense for family members who are also beneficiaries.
Yes. Oregon estates under $75,000 can use a Simple Estate Affidavit and avoid most probate costs. Check the Oregon self-filing assessment to see if this applies.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Josephine County probate.
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