Chapter 113 — Chapter 113

ORS 113.005 Special administrators. (1) If, prior to appointment and qualification of a personal representative, property of a decedent is in danger of loss, injury or deterioration, or disposition of the remains of a decedent is required, the court may appoint a special administrator to take charge of the property or the remains. The petition for appointment must state the reasons for special administration and specify the property, so far as known, requiring administration, and the danger to which it is subject

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ORS 113.007 Exceptions to bond requirement for special administrator. (1) A special administrator is not required to provide a bond to the court under ORS 113.005 (2) if a will provides that no bond is required of the person appointed as special administrator, but the court may, for good cause, require a bond notwithstanding any provision in a will that no bond is required

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ORS 113.010 [Repealed by 1969 c.591 §305]

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ORS 113.015 Venue. (1) The venue for a proceeding seeking the appointment of a personal representative and for a proceeding to probate a will is

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ORS 113.020 [Repealed by 1969 c.591 §305]

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ORS 113.025 Proceedings commenced in more than one county. (1) If proceedings seeking the appointment of a personal representative of the same estate or proceedings to probate a will of the same decedent are commenced in more than one county, they shall be stayed except in the county where first commenced until final determination there of venue. A proceeding is considered commenced by the filing of a petition. In determining venue, if the court finds that transfer to another county where a proceeding has been commenced is for the best interest of the estate, it may in its discretion order such transfer

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ORS 113.027 Limitation on admission of will to probate. A will may not be admitted to probate or an estate reopened to admit a will to probate more than one year after the estate of the decedent has been administered in Oregon and closed. [1973 c.506 §21]

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ORS 113.030 [Amended by 1963 c.308 §1; repealed by 1969 c.591 §305]

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ORS 113.035 Petition for appointment of personal representative and probate of will. Any interested person or the person nominated as personal representative named in the will may petition for the appointment of a personal representative and for the probate of a will. The petition must include the following information, so far as known

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ORS 113.038 Request for different method of compensation of personal representative. (1) A petition for the appointment of a personal representative under ORS 113.035 may include a request for the compensation of the personal representative to be determined by a different method than as provided in ORS 116.173 (3). The petition must set forth specific facts showing that the compensation calculated under ORS 116.173 (3) would be inadequate to compensate the personal representative for the reasonable value of the personal representative’s services. The court may grant the request if the court finds that compensation as provided in ORS 116.173 (3) would be inadequate

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ORS 113.040 [Amended by 1963 c.308 §2; repealed by 1969 c.591 §305]

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ORS 113.045 Information of escheat to State Treasurer. (1) Upon appointment, a personal representative shall deliver or mail to the State Treasurer a copy of the petition filed under ORS 113.035, and a copy of any last will of the decedent, if the personal representative has not identified and found all heirs and devisees of the decedent. The personal representative shall file proof of the delivery or mailing with the court

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ORS 113.050 [Amended by 1963 c.272 §1; repealed by 1969 c.591 §305]

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ORS 113.055 Testimony of attesting witnesses to will. (1) Upon the ex parte review of a petition for the probate of a will, an affidavit of an attesting witness may be used instead of the personal presence of the witness in court. The witness may give evidence of the execution of the will by attaching the affidavit to the will or to a photographic or other facsimile copy of the will and may identify the signature of the testator and witnesses to the will by use of the will or the copy. The affidavit shall be received in evidence by the court and have the same weight as to matters contained in the affidavit as if the testimony were given by the witness in open court. The affidavit of the attesting witness may be made at or after the time of execution of the will

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ORS 113.060 [Amended by 1963 c.271 §1; repealed by 1969 c.591 §305]

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ORS 113.065 Establishing foreign wills. (1) The written will of a testator who died domiciled outside this state, which upon probate may operate upon property in this state, may be admitted to probate upon petition, by filing a certified copy of the will and a certified copy of the order admitting the will to probate or evidencing its establishment in the jurisdiction where the testator died domiciled

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ORS 113.070 [Repealed by 1969 c.591 §305]

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ORS 113.075 Will contest. (1) Any interested person may contest the probate of the will or the validity of the will or assert an interest in the estate for the reason that

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ORS 113.080 [Repealed by 1969 c.591 §305]

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ORS 113.085 Preference in appointing personal representative. (1) Except as provided in subsection (3) of this section, upon the filing of the petition under ORS 113.035, if there is no will or if there is a will and it has been proved, the court shall appoint a qualified person the court finds suitable as personal representative, giving preference in the following order

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ORS 113.086 Approval of attorneys who are eligible to be personal representative for decedent who received Medicaid or other public assistance. The Director of Human Services, or the director’s designated representative, or the Director of the Oregon Health Authority, or the director’s designated representative, may approve in writing attorneys who are eligible to be appointed as personal representatives under ORS 113.085 if the decedent received public assistance as defined in ORS 411.010, received medical assistance as defined in ORS 414.025 or received care at an institution as defined in ORS 179.010, and it appears that the assistance or the cost of care may be recovered from the estate of the decedent. An attorney approved under this section does not represent the Director of Human Services or the Director of the Oregon Health Authority when appointed as a personal representative. [2009 c.262 §2; 2009 c.828 §6; 2013 c.688 §15]

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ORS 113.087 Effect of accepting appointment as personal representative; notices to be sent to representative. (1) By accepting appointment, a personal representative, whether a resident or nonresident of this state, submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person

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ORS 113.090 [Amended by 1969 c.591 §79; renumbered 112.695]

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ORS 113.092 Convicted felon as nominated personal representative. (1) A person nominated as personal representative who has been convicted of a felony shall inform the court of the conviction. The conviction shall not disqualify the nominee from acting as personal representative unless the court finds that the facts underlying the conviction are substantially similar to facts which would constitute grounds for removal of a personal representative under ORS 113.195 (2), and the court has reasonable grounds to believe that such person will be unfaithful to or neglectful of the trust

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ORS 113.095 Persons not qualified to act as personal representatives. A person is not qualified to act as personal representative if the person is

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ORS 113.105 Bond for personal representative. (1)(a) Except as provided in subsections (2) to (5) of this section, the personal representative may not act, and letters may not be issued to the personal representative, until the personal representative provides a bond to the clerk of the court in an amount set by the court. The bond must be for the security and benefit of all interested persons and must be conditioned upon the personal representative faithfully performing the duties of the position. The bond must be executed by a surety qualified under ORCP 82 D to G

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ORS 113.110 [Repealed by 1969 c.591 §305]

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ORS 113.115 Increasing, reducing or requiring new bond. The court may increase or reduce the amount of the bond of a personal representative, or require a new bond, if it appears to the court that the bond was inadequate or excessive or a new bond is necessary. The surety on the bond may be discharged from liability by an order made pursuant to ORS 33.510 and 33.520. [1969 c.591 §91]

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ORS 113.120 [Repealed by 1969 c.591 §305]

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ORS 113.125 Letters testamentary or of administration. (1) The court shall issue letters testamentary or letters of administration to the personal representative appointed by the court upon the filing with the clerk of the court the bond, if any, required by the court

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ORS 113.130 [Repealed by 1969 c.591 §305]

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ORS 113.135 Designation of attorney to be filed. If the personal representative has employed an attorney to represent the personal representative in the administration of the estate, the personal representative shall file in the estate proceeding the name and post-office address of the attorney unless that information appears in the petition or the order appointing the personal representative. [1969 c.591 §93]

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ORS 113.140 [Repealed by 1969 c.591 §305]

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ORS 113.145 Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority. (1) Upon appointment a personal representative shall deliver or mail to the devisees, heirs and the persons described in ORS 113.035 (8) and (9) who were required to be named in the petition for appointment of a personal representative, at the addresses shown in the petition, information that must include

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ORS 113.150 [Repealed by 1969 c.591 §305]

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ORS 113.155 Publication of notice to interested persons. (1) Except as provided in subsection (5) of this section, upon appointment a personal representative shall cause a notice to interested persons to be published once in

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ORS 113.160 [Repealed by 1969 c.591 §305]

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ORS 113.165 Filing inventory and evaluation. Within 90 days after the date of appointment, unless a longer time is granted by the court, a personal representative shall file in the estate proceeding an inventory of all property of the estate that has come into the possession or knowledge of the personal representative. The inventory shall show the estimates by the personal representative of the respective fair market values as of the date of the death of the decedent of the properties described in the inventory. If no property of the estate has come into the possession or knowledge of the personal representative, the personal representative shall file an inventory stating that no property of the estate has come into the possession or knowledge of the personal representative. [1969 c.591 §96; 1987 c.586 §27; 1991 c.191 §2; 2017 c.169 §17; 2019 c.414 §4]

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ORS 113.175 Property discovered after inventory filed. (1) Whenever any property of the estate not included in the inventory comes into the possession or knowledge of the personal representative, the personal representative shall either file in the estate proceeding a supplemental inventory within 30 days after the date of receiving possession or knowledge, or include the property in the next accounting

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ORS 113.185 Appraisal. (1) The personal representative may employ a qualified and disinterested appraiser to assist the personal representative in the appraisal of any property of the estate the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of property

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ORS 113.195 Removal of personal representative. (1) When a personal representative ceases to be qualified as provided in ORS 113.095, or becomes incapable of discharging duties, the court shall remove the personal representative

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ORS 113.205 Powers of surviving personal representative. (1) Every power exercisable by copersonal representatives may be exercised by the survivors or survivor of them when the appointment of one is terminated, unless the will provides otherwise

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ORS 113.210 [Repealed by 1969 c.591 §305]

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ORS 113.215 Appointment of successor personal representative. (1) When a personal representative dies, is removed by the court, or resigns and the resignation is accepted by the court, the court may appoint, and, if the personal representative was the sole or the last surviving personal representative and administration is not completed, the court shall appoint another personal representative in place of the personal representative

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ORS 113.220 [Repealed by 1969 c.591 §305]

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ORS 113.225 Notice to interested persons by successor personal representative. (1) If the personal representative dies, is removed by the court or resigns after the notice to interested persons required by ORS 113.155 has been published but before the expiration of four months from the date of publication, the successor personal representative shall cause notice to interested persons to be published as if the successor were the original personal representative. The republished notice shall state

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ORS 113.230 [Repealed by 1969 c.591 §305]

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ORS 113.235 Appointment of estate administrators by State Treasurer. The State Treasurer shall appoint one or more estate administrators to administer any estate in which the State Treasurer is appointed personal representative. An estate administrator appointed under this section is an employee of the State Treasurer. [2003 c.395 §7; 2019 c.678 §36]

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ORS 113.238 Requirements and prohibitions related to certain decedents who die intestate and without heirs. (1) A person who has knowledge that a decedent died wholly intestate, that the decedent owned property subject to probate in Oregon and that the decedent died without a known heir shall give notice of the death within 48 hours after acquiring that knowledge to the State Treasurer

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ORS 113.240 [Repealed by 1969 c.591 §305]

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