Chapter 114 — Chapter 114

ORS 114.005 Occupancy of principal dwelling of decedent by spouse and children. (1) Except as provided in subsection (3) of this section, the spouse and dependent children of a decedent occupying the principal dwelling of the decedent at the time of the decedent’s death, or any of them, may continue to occupy the dwelling until

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ORS 114.010 [Repealed by 1969 c.591 §305]

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ORS 114.015 Support of spouse and children. The court by order shall make necessary and reasonable provision from the estate of a decedent for the support of the spouse and dependent children of the decedent, or any of them, upon

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ORS 114.020 [Amended by 1955 c.69 §1; repealed by 1969 c.591 §305]

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ORS 114.025 Petition for support and answer. (1) The petition for support under ORS 114.015 shall include a description of property, other than property of the estate, available for the support of the spouse and children, and an estimate of the expenses anticipated for their support. If the petitioner is the personal representative, the petition shall also include, so far as known, a statement of the nature and estimated value of the property of the estate and of the nature and estimated amount of claims, taxes and expenses of administration

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ORS 114.030 [Repealed by 1969 c.591 §305]

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ORS 114.035 Temporary support. Pending hearing upon the petition under ORS 114.015, temporary support may be allowed by order of the court in an amount and of a nature the court considers reasonably necessary for the welfare of the surviving spouse and dependent children of the decedent or any of them. [1969 c.591 §106]

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ORS 114.040 [Repealed by 1969 c.591 §305]

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ORS 114.045 Modification or termination of support. Provision for support under ORS 114.015 ordered by the court may be modified or terminated by the court by further order. [1969 c.591 §107]

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ORS 114.050 [Repealed by 1969 c.591 §305]

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ORS 114.055 Nature of support. (1) Provision for support under ORS 114.015 ordered by the court may consist of any one or more of the following

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ORS 114.060 [Repealed by 1969 c.591 §305]

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ORS 114.065 Limitations on support. If it appears to the court that after provision for support under ORS 114.015 is made the estate will be insolvent, the provision for support ordered by the court shall not exceed one-half of the estimated value of the property of the estate, and any periodic payment of moneys so ordered shall not continue for more than one year after the date of death of the decedent. [1969 c.591 §109]

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ORS 114.070 [1957 c.345 §1; repealed by 1969 c.591 §305]

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ORS 114.075 Priority of support; treated as administration expense. Subject to the limitations imposed by ORS 114.065, provision for support under ORS 114.015 ordered by the court has priority over claims and expenses of administration. The provision is not charged against the distributive share of the person receiving support. The provision is treated as an expense of administration, but not as a deduction for estate tax purposes. [1969 c.591 §110; 2011 c.526 §18]

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ORS 114.085 Setting apart whole estate for support; termination of administration. If it appears, after the expiration of four months after the date of publication of notice to interested persons, that reasonable provision for support of the spouse and dependent children of the decedent, or any of them, warrants that the whole of the estate, after payment of claims, taxes and expenses of administration, be set apart for such support, the court may so order. There shall be no further proceeding in the administration of the estate, and the estate shall summarily be closed. [1969 c.591 §111; 2023 c.18 §7]

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ORS 114.105 [1969 c.591 §112; 1997 c.99 §22; repealed by 2009 c.574 §25]

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ORS 114.110 [Repealed by 1969 c.591 §305]

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ORS 114.115 [1969 c.591 §113; repealed by 2009 c.574 §25]

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ORS 114.120 [Repealed by 1969 c.591 §305]

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ORS 114.125 [1969 c.591 §114; repealed by 2009 c.574 §25]

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ORS 114.130 [Amended by 1955 c.266 §1; 1965 c.506 §1; repealed by 1969 c.591 §305]

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ORS 114.135 [1969 c.591 §115; 2003 c.576 §374; repealed by 2009 c.574 §25]

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ORS 114.140 [Repealed by 1969 c.591 §305]

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ORS 114.145 [1969 c.591 §116; repealed by 2009 c.574 §25]

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ORS 114.150 [Repealed by 1969 c.591 §305]

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ORS 114.155 [1969 c.591 §117; 1973 c.823 §109; 1995 c.664 §85; repealed by 2009 c.574 §25]

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ORS 114.165 [1969 c.591 §118; repealed by 2009 c.574 §25]

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ORS 114.205 No distinction between real and personal property. ORS chapters 111, 112, 113, 114, 115, 116 and 117 apply without distinction between real and personal property. [1969 c.591 §119]

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ORS 114.210 [Repealed by 1969 c.591 §305]

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ORS 114.215 Devolution of and title to property; custody of pets. (1) Upon the death of a decedent, title to the property of the decedent vests

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ORS 114.220 [Repealed by 1969 c.591 §305]

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ORS 114.225 Possession and control of decedent’s estate. (1) A personal representative has a right to and shall take possession and control of the estate of the decedent, but the personal representative is not required to take possession of or be accountable for property in the possession of an heir or devisee unless in the opinion of the personal representative possession by the personal representative is reasonably required for purposes of administration

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ORS 114.230 [Repealed by 1969 c.591 §305]

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ORS 114.240 [Repealed by 1969 c.591 §305]

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ORS 114.250 [Repealed by 1969 c.591 §305]

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ORS 114.255 Commencement of duties and powers of personal representative; prior acts. The duties and powers of a personal representative commence upon the issuance of the letters of the personal representative. The powers of a personal representative relate back in time to give the acts of the personal representative occurring prior to appointment the same effect as those occurring thereafter. A personal representative may ratify and accept acts on behalf of the estate done by others where those acts would have been proper for a personal representative. [1969 c.591 §122]

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ORS 114.260 [Repealed by 1969 c.591 §305]

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ORS 114.265 General duties of personal representative. A personal representative is a fiduciary who is under a general duty to and shall collect the income from property of the estate in the possession of the personal representative and preserve, settle and distribute the estate in accordance with the terms of the will and ORS chapters 111, 112, 113, 114, 115, 116 and 117 as expeditiously and with as little sacrifice of value as is reasonable under the circumstances. [1969 c.591 §123]

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ORS 114.270 [Repealed by 1969 c.591 §305]

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ORS 114.275 Personal representative to proceed without court order; application for relief. A personal representative shall proceed with the administration, settlement and distribution of the estate without adjudication, order or direction of the court, except as otherwise provided in ORS chapters 111, 112, 113, 114, 115, 116 and 117. However, a personal representative or any interested person may apply to the court for relief pursuant to ORS 111.095 (4). [1969 c.591 §124; 2021 c.282 §18]

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ORS 114.285 Naming or appointment of personal representative does not discharge claim. The naming or appointment of any person as personal representative does not discharge any claim which the decedent had against that person. The claim shall be included in the inventory. If the person agrees to act as personal representative, the person is liable for the claim as for so much money in the hands of the person at the time the claim becomes due and payable; otherwise the person is liable for the claim as any other debtor of the decedent. [1969 c.591 §125]

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ORS 114.295 Discharge or devise in will of claim of testator. The discharge or devise in a will of a claim of the testator against a personal representative or against any other person is of no effect as against creditors of the decedent. The claim shall be included in the inventory and for purposes of administration shall be regarded and treated as a specific devise of the amount of the claim. [1969 c.591 §126]

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ORS 114.305 Transactions authorized for personal representative. Subject to the provisions of ORS 97.130 (2) and (11) and except as restricted or otherwise provided by the will of the decedent, a document of anatomical gift under ORS 97.965 or by court order, a personal representative, acting reasonably for the benefit of interested persons, is authorized to

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ORS 114.310 [Repealed by 1969 c.591 §305]

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ORS 114.315 Right to perfect lien or security interest. A personal representative has the same rights to perfect a lien or security interest as the decedent would have had if the decedent were living. [1969 c.591 §128]

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ORS 114.320 [Repealed by 1969 c.591 §305]

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ORS 114.325 Power to sell, mortgage, lease and deal with property. (1) Except as provided in subsection (2) of this section, and subject to ORS 113.105, a personal representative has power to sell, mortgage, lease or otherwise deal with property of the estate without notice, hearing or court order

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ORS 114.330 [Repealed by 1969 c.591 §305]

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ORS 114.333 Transfer of title and interest to real property by foreign personal representative. Upon performance of a recorded contract of sale of real property the foreign personal representative of a deceased vendor whose estate is being administered in a foreign jurisdiction may convey the title and interest of the vendor in the property to the vendee or the assignee of the vendee upon recording in the deed records of the county where the property is located a certified copy of letters testamentary or of administration. The certificate shall include a statement that the letters are in effect. [1973 c.506 §28]

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