44 sections in this chapter.
ORS 111.005 Definitions for probate law. As used in ORS chapters 111, 112, 113, 114, 115, 116 and 117, unless the context requires otherwise
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(1) “Abate” means to reduce a devise on account of the insufficiency of the estate to pay all claims, expenses and devises in full. (2) “Action” includes suits and legal proceedings. (3) “Administration” means any proceeding relating to the estate of a decedent, whether the deced…
ORS 111.010 [Repealed by 1969 c.591 §305]
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[Repealed or reserved.]
ORS 111.015 Application of chapter 591, Oregon Laws 1969. Except as specifically provided otherwise in chapter 591, Oregon Laws 1969, on July 1, 1970, chapter 591, Oregon Laws 1969, applies to wills of decedents dying thereafter, and a will executed before July 1, 1970, shall be considered lawfully executed if the application of ORS 112.255 would make it so, but the construction of a will executed before July 1, 1970, shall be governed by the law in effect on the date of execution unless a contrary intent is established by the will. [1969 c.591 §303; 2016 c.42 §12]
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[Repealed or reserved.]
ORS 111.020 [Repealed by 1969 c.591 §305]
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[Repealed or reserved.]
ORS 111.025 Oregon Tax Court jurisdiction. For purposes of ORS chapters 111 to 116, the Oregon Tax Court is not a court having probate jurisdiction and is limited to the trial of appeals on estate tax matters. [1971 c.567 §3; 1997 c.99 §25; 2011 c.526 §17; 2017 c.169 §44]
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[Repealed or reserved.]
ORS 111.030 [Repealed by 1969 c.591 §305]
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[Repealed or reserved.]
ORS 111.040 [Repealed by 1969 c.591 §305]
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[Repealed or reserved.]
ORS 111.050 [Repealed by 1969 c.591 §305]
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PROBATE COURTS AND COMMISSIONERS
ORS 111.055 Transfer of probate jurisdiction. (1) All probate jurisdiction, authority, powers, functions and duties of the county courts and the judges thereof are transferred to the circuit courts and the judges thereof in all counties except Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties
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(2) All probate jurisdiction, authority, powers, functions and duties of the circuit courts and the judges thereof are transferred to the county courts and the judges thereof in Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties. [1969 c.591 §2; 1995 c.658 §71]
ORS 111.060 [Repealed by 1969 c.591 §305]
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[Repealed or reserved.]
ORS 111.065 [1969 c.591 §3; 1979 c.683 §34; repealed by 1983 c.740 §12]
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[Repealed or reserved.]
ORS 111.070 [Repealed by 1969 c.591 §305]
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[Repealed or reserved.]
ORS 111.075 Probate jurisdiction vested. Jurisdiction of all probate matters, causes and proceedings is vested in the county courts of Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties and in the circuit court for each other county and as provided in ORS 111.115. [1969 c.591 §4]
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[Repealed or reserved.]
ORS 111.085 Probate jurisdiction described. (1) The jurisdiction of the probate court includes, but is not limited to
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(a) Appointment and qualification of personal representatives. (b) Probate and contest of wills. (c) Determination of heirship. (d) Determination of title to, rights in and possession of property claimed by or against personal representatives, guardians and conservators. (e) Admi…
ORS 111.095 Powers of probate court. (1) A probate court has the general legal and equitable powers of a circuit court
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(2) The determinations, orders and judgments of a probate court have the same validity, finality and presumption of regularity as those of a circuit court. (3) A probate court has full, legal and equitable powers to make declaratory judgments, as provided in ORS 28.010 to 28.160,…
ORS 111.105 Appeals from probate court; reexamination of issues. (1) Except as otherwise provided in this section, no issue determined in a probate court exercising probate jurisdiction shall be tried again on appeal or otherwise reexamined in a manner other than those appropriate to issues determined by a court of record with general jurisdiction
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(2) Appeals from a circuit court exercising probate jurisdiction shall be taken to the Court of Appeals in the manner provided by law for appeals from the circuit court. (3) Appeals from a county court exercising probate jurisdiction shall be taken to the circuit court and Court …
ORS 111.110 [Repealed by 1969 c.591 §305]
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[Repealed or reserved.]
ORS 111.115 Transfer of estate proceeding from county court to circuit court. (1) An estate proceeding may be transferred at any time from a county court to the circuit court for the county by order of the county court
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(2) An estate proceeding commenced in a county court and in which the county judge is a party or directly interested must be transferred from the county court to the circuit court for the county by order of the county court. (3) Upon transfer of an estate proceeding from a county…
ORS 111.120 [Repealed by 1969 c.591 §305]
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[Repealed or reserved.]
ORS 111.130 [Repealed by 1969 c.591 §305]
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[Repealed or reserved.]
ORS 111.140 [Repealed by 1969 c.591 §305]
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[Repealed or reserved.]
ORS 111.150 [Repealed by 1969 c.591 §305]
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[Repealed or reserved.]
ORS 111.160 [Repealed by 1969 c.591 §305]
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[Repealed or reserved.]
ORS 111.165 [1969 c.591 §9; repealed by 1995 c.658 §127]
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[Repealed or reserved.]
ORS 111.170 [Repealed by 1969 c.591 §305]
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[Repealed or reserved.]
ORS 111.175 Appointment of probate commissioner and deputy probate commissioners. The presiding judge of a circuit court or the county judge of a county court may appoint a probate commissioner and one or more deputy probate commissioners and, if such appointments are made, shall prescribe, by rule or order, the duties and responsibilities of the probate commissioner and deputy probate commissioners, subject to ORS 111.185. [1969 c.591 §10; 2016 c.42 §15]
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[Repealed or reserved.]
ORS 111.185 Powers of probate commissioner and deputy probate commissioners. (1) To the extent prescribed or otherwise authorized by rule or order made under ORS 111.175, a probate commissioner or deputy probate commissioner may
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(a) Act upon uncontested petitions for appointment of special administrators, for probate of wills and for appointment of personal representatives, guardians and conservators; (b) Make and enter orders and judgments admitting wills to probate and appointing and setting the amount…
ORS 111.200 Applicability of Oregon Rules of Civil Procedure and Oregon Evidence Code; contested issues in probate proceedings. (1) As used in this section
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(a) “Probate proceeding” means a proceeding under ORS chapter 111, 112, 113, 114, 115, 116 or 117 for the administration of a decedent’s estate. (b) “Probate proceeding” does not include: (A) A proceeding for summary determination of a claim under ORS 115.145 (1)(b); or (B) A dec…
ORS 111.205 Commencement of probate proceeding; pleadings and mode of procedure; jury trial. (1) A probate proceeding is commenced by the filing of a petition in a court with jurisdiction over probate proceedings. Petitions to commence probate proceedings are authorized in ORS chapters 113 and 117
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(2) No particular pleadings or forms of pleadings are required in the exercise of jurisdiction of probate courts. All petitions, inventories, reports and accountings in a probate proceeding must be in writing and include a declaration under penalty of perjury in the form required…
ORS 111.210 [Repealed by 1969 c.591 §305]
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[Repealed or reserved.]
ORS 111.212 [1953 c.650 §2; repealed by 1969 c.591 §305]
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[Repealed or reserved.]
ORS 111.215 Notice; method and time of giving; computation of time. (1)(a) A notice required under ORS chapter 111, 112, 113, 114, 115, 116 or 117 must contain the following
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(A) The name, address and telephone number of the person giving the notice and the nature of that person’s interest in the estate; (B) A statement where objections may be filed and the deadline for filing those objections, if any; and (C) A statement that the objection must inclu…
ORS 111.218 Proof of service; proof of publication. (1) Proof of service must be made for all documents for which statutes require giving notice. If notice of a document is not required, no proof of service is required
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(2) Proof of service of a document may be on the document filed in the form of a certificate of service that specifies the date of mailing or other service or may be by a separate filing. (3) Proof of publication required to be filed in probate court must be made in the form requ…
ORS 111.220 [Repealed by 1957 c.411 §7]
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[Repealed or reserved.]
ORS 111.225 Waiver of notice. When any notice or information is required to be given under ORS chapters 111, 112, 113, 114, 115, 116 and 117, a guardian, a guardian ad litem, a conservator or a person who is neither incompetent nor a minor may waive notice by a writing signed by the guardian, guardian at litem, conservator or person or the attorney of the guardian, guardian ad litem, conservator or person and filed in the proceeding, or by the appearance of the guardian, guardian ad litem, conservator or person at the hearing. [1969 c.591 §14; 1973 c.506 §5]
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[Repealed or reserved.]
ORS 111.230 [Repealed by 1957 c.411 §7]
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[Repealed or reserved.]
ORS 111.231 [1957 c.411 §3; repealed by 1969 c.591 §305]
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[Repealed or reserved.]
ORS 111.235 Filing objections to petition or motion. (1) Any interested person or the personal representative may file a written objection to a petition or motion previously filed
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(2) An objection filed under this section must: (a) Include a plain and concise statement of the basis for the objection; (b) Be served on the persons described in ORS 111.215 (2); and (c) Be filed on or before the final date for the filing of objections to the petition or motion…
ORS 111.240 [Repealed by 1957 c.411 §7]
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[Repealed or reserved.]
ORS 111.241 Hearing. (1) The court may require that a hearing be held on any petition or motion in a probate proceeding
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(2) A hearing must be held on a petition or a motion in a probate proceeding if an objection to the petition or motion is filed and the objection is not withdrawn before the hearing. [2021 c.282 §3]
ORS 111.245 Proof of documents; certification. (1) Proof of documents pursuant to ORS chapter 111, 112, 113, 114, 115, 116 or 117 may be made as follows
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(a) Of a will, by a certified copy of the will. (b) That a will has been probated or established in a foreign jurisdiction, by a certified copy of the document entered in the foreign jurisdiction admitting the will to probate or recognizing the validity of the will. (c) Of letter…
ORS 111.255 Translation of documents. If all or part of a document is not in the English language, a translation certified by the translator to be accurate may be attached to the document. If no objection is made to the certified translation, any person who relies in good faith on the accuracy of the translation may not be prejudiced because of its inaccuracy. [1969 c.591 §17; 2017 c.169 §47; 2021 c.282 §14]
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[Repealed or reserved.]
ORS 111.265 [1969 c.591 §18; repealed by 2021 c.282 §23]
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[Repealed or reserved.]
ORS 111.275 Limited judgments. (1) The court in a probate proceeding may enter a limited judgment only for the following decisions of the court
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(a) A decision on a petition for appointment or removal of a personal representative, including a successor personal representative. (b) A decision in a will contest filed in the probate proceeding. (c) A decision to require delivery of possession of property of the decedent, inc…