Title 12, Probate Law

As used in ORS chapters 111, 112, 113, 114, 115, 116 and 117, unless the context requires otherwise: (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 proceedin…

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…

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]

(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. (2) All probate jur…

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]

(1) The jurisdiction of the probate court includes, but is not limited to: (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 b…

(1) A probate court has the general legal and equitable powers of a circuit court. (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 e…

(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 jurisdic…

(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. (2) An estate proceeding commenced in a county court and in which the county judge is a party or directly interested must be transferred f…

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 commi…

(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: (a) Act upon uncontested petitions for appointment of special administrators, for probate of wills and for appointment of perso…

(1) As used in this section: (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…

(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. (2) No particular pleadings or forms of pleadings are required in the exe…

(1)(a) A notice required under ORS chapter 111, 112, 113, 114, 115, 116 or 117 must contain the following: (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 fi…

(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. (2) Proof of service of a document may be on the document filed in the form of a certificate of service that spe…

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 lite…

(1) Any interested person or the personal representative may file a written objection to a petition or motion previously filed. (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 d…

(1) The court may require that a hearing be held on any petition or motion in a probate proceeding. (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 hearin…

(1) Proof of documents pursuant to ORS chapter 111, 112, 113, 114, 115, 116 or 117 may be made as follows: (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 th…

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 …

(1) The court in a probate proceeding may enter a limited judgment only for the following decisions of the court: (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 …