(2)(a) An award of reasonable attorney fees under this section shall be made after consideration of the customary fees in the community for similar services, the time spent by counsel, counsel’s experience in such matters, the skill displayed by counsel, the result obtained, any agreement as to fees between the personal representative and the counsel of the personal representative, the amount of responsibility assumed by counsel considering the total value of the estate, and other factors as may be relevant. No single factor is controlling.
(b) Before the court awards attorney fees in an amount less than the amount requested by the personal representative, the court must allow the attorney an opportunity to submit additional materials supporting the requested amount.
(3) A personal representative who defends or prosecutes any proceeding in good faith and with just cause, whether successful or not, is entitled to receive from the estate necessary expenses and disbursements, including reasonable attorney fees, in the proceeding. [1969 c.591 §185; 1977 c.733 §1; 1987 c.518 §1; 2017 c.169 §37; 2021 c.282 §20]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 116 - Accounting, Distribution and Closing
Section 116.007 - Allocation of income.
Section 116.013 - Petition and order for partial distribution.
Section 116.063 - Liability of personal representative.
Section 116.073 - Nonliability of personal representative.
Section 116.083 - Accounting by personal representative; statement in lieu of account; rules.
Section 116.113 - Judgment of final distribution.
Section 116.133 - Distribution; order in which assets appropriated; abatement.
Section 116.143 - Interest on pecuniary devises.
Section 116.173 - Compensation of personal representative.
Section 116.183 - Expenses of personal representative; determination of attorney fees.
Section 116.253 - Recovery of escheated property.
Section 116.303 - Definitions for ORS 116.303 to 116.383.
Section 116.333 - Withholding of tax; recovery from distributee; bond of distributee.
Section 116.343 - Allowances for exemptions, deductions and credits.