Chapter 114 — Chapter 114

ORS 114.335 Court order for sale, mortgage or lease. Upon proof satisfactory to the court by an interested person that a sale, mortgage or lease of property of the estate is required for paying support of spouse and children, elective share of surviving spouse, claims or expenses of administration, or for distribution, and that the personal representative has failed or declined to act, the court may order the personal representative to make the sale, mortgage or lease. [1969 c.591 §130]

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ORS 114.340 [Repealed by 1969 c.591 §305]

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ORS 114.345 Title conveyed free of claims of creditors. Property sold, mortgaged or leased by a personal representative is subject to liens and encumbrances against the decedent or the estate of the decedent, but is not subject to rights of creditors of the decedent or liens or encumbrances against the heirs or devisees of the decedent. The filing and allowance of a claim in an estate proceeding does not make the claimant a secured creditor. [1969 c.591 §131]

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ORS 114.350 [Repealed by 1963 c.287 §1]

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ORS 114.355 Sale or encumbrance to personal representative voidable; exceptions. (1) Any sale or encumbrance to the personal representative, the spouse, agent or attorney of the personal representative, or any corporation or trust in which the personal representative has more than a one-third beneficial interest, is voidable unless

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ORS 114.360 [Repealed by 1963 c.287 §1]

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ORS 114.365 Validation of certain sales. The following are the subject of validating Acts

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ORS 114.370 [Repealed by 1963 c.287 §1]

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ORS 114.375 Nonliability of transfer agents. A transfer agent or a corporation transferring its own securities incurs no liability to any person by making a transfer of securities of an estate as requested or directed by a personal representative. [1969 c.591 §134]

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ORS 114.385 Persons dealing with personal representative; protection. A person dealing with or assisting a personal representative without actual knowledge that the personal representative is improperly exercising the power of the personal representative is protected as if the personal representative properly exercised the power. The person is not bound to inquire whether the personal representative is properly exercising the power of the personal representative, and is not bound to inquire concerning the provisions of any will or any order of court that may affect the propriety of the acts of the personal representative. No provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge of the provision or order. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection expressed in this section extends to a person dealing with or assisting a personal representative appointed under ORS 113.085 without actual knowledge that the personal representative was not qualified as provided in ORS 113.095 or that the appointment of the personal representative involved procedural irregularity. [1969 c.591 §135; 2017 c.169 §52]

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ORS 114.395 Improper exercise of power; breach of fiduciary duty. If the exercise of power by a personal representative in the administration of an estate is improper, the personal representative is liable for breach of fiduciary duty to interested persons for resulting damage or loss to the same extent as a trustee of an express trust. Exercise of power in violation of a court order is a breach of duty. Exercise of power contrary to the provisions of the will may be a breach of duty. [1969 c.591 §136]

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ORS 114.405 Personal liability of personal representative. (1) The personal liability of a personal representative to third parties, as distinguished from fiduciary accountability to the estate, arising from the administration of the estate is that of an agent for a disclosed principal

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ORS 114.410 [Repealed by 1969 c.591 §305]

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ORS 114.415 Copersonal representatives; when joint action required. (1) When two or more persons are appointed copersonal representatives, the concurrence of all is required for all acts connected with the administration and distribution of the estate, except

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ORS 114.420 [Repealed by 1969 c.591 §305]

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ORS 114.425 Discovery of property, writings and information. (1) The court may order any person to appear and give testimony by deposition if it appears probable that the person

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ORS 114.430 [Repealed by 1969 c.591 §305]

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ORS 114.435 Power to avoid transfers. The property liable for the payment of expenses of administration, funeral expenses, claims and taxes shall include property transferred by the decedent with intent to defraud the creditors of the decedent or transferred by any means which is in law void or voidable as against the creditors of the decedent. The right to recover that property so far as necessary for the payment of those expenses, claims and taxes is in the personal representative, who shall take necessary steps to recover it. That property constitutes general assets for the payment of creditors. [1969 c.591 §140]

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ORS 114.440 [Repealed by 1969 c.591 §305]

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ORS 114.441 Definitions for ORS 114.441 to 114.462. As used in ORS 114.441 to 114.462

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ORS 114.444 Application. Except as specifically provided in ORS 114.441 to 114.462, ORS 30.010 to 30.100 and 119.006 to 119.081 and ORS chapters 111, 112, 113, 114, 115, 116, 117 and 118 apply to wrongful death claims and estates with personal injury claims. [2019 c.166 §2]

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ORS 114.447 Court approval of settlement of personal injury claim or wrongful death claim. (1) The parties to a personal injury claim or a wrongful death claim may enter into a settlement agreement, subject to the approval of the probate court, whether or not an action asserting the personal injury claim or the wrongful death claim has been commenced. The personal representative shall petition the probate court for approval of the proposed settlement. The petition need not state the amount of the proposed settlement

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ORS 114.450 Deferral of requirements. If the only asset of an estate is a personal injury cause of action that has not been adjudicated or settled, the court shall

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ORS 114.453 Petition for appointment of personal representative. Any beneficiary, any interested person or the person nominated as personal representative named in the will may petition for the appointment of a personal representative for the sole purpose of pursuing a claim for the wrongful death of the decedent. Except as provided in ORS 114.459, a personal representative appointed under this section has all the duties of a personal representative under ORS 119.006 to 119.081 and ORS chapters 113, 114, 115, 116, 117 and 118. In addition to the information required under ORS 113.035, a petition filed under this section must include the following information, so far as known

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ORS 114.456 Information to beneficiaries and Department of Human Services and Oregon Health Authority. (1) A personal representative appointed under ORS 114.453 shall deliver or mail to the beneficiaries at their last-known address information that must include

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ORS 114.459 Waiver of requirements. (1) When a personal representative is appointed ORS 114.453 and no assets of the estate have been discovered

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ORS 114.462 Motion to close estate; objections; judgment; discharge of personal representative. (1) When a personal representative is appointed under ORS 114.453 and no assets of the estate have been discovered, the personal representative may move to close the estate after resolution of the wrongful death claim and distribution of any funds recovered in the wrongful death claim, but no earlier than four months after the latest date of delivery or mailing of the information described ORS 114.456

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ORS 114.505 Definitions for ORS 114.505 to 114.560. As used in ORS 114.505 to 114.560

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ORS 114.510 Simple estate criteria. (1) A person who meets the requirements of ORS 114.515 may file a simple estate affidavit only with regard to an estate in which

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ORS 114.515 Simple estate affidavit; who may file; fee; amended affidavit; procedure when value of estate exceeds limitations; acknowledgment by clerk. (1) If the estate of a decedent meets the requirements of ORS 114.510, any of the following persons may file a simple estate affidavit with the clerk of the probate court in any county where there is venue for a proceeding seeking the appointment of a personal representative for the estate

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ORS 114.517 Approval of attorneys filing affidavits for recipients of 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 file a simple estate affidavit 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 the attorney files a simple estate affidavit. [2009 c.262 §6; 2009 c.828 §9; 2013 c.688 §18; 2019 c.165 §5; 2023 c.17 §10]

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ORS 114.520 Authorization from State Treasurer required for filing of affidavit by creditor if decedent dies intestate and without heirs; rules. (1) If a decedent dies intestate and without heirs, a creditor of an estate who is a claiming successor may not file a simple estate affidavit unless the creditor has received written authorization from the State Treasurer. Except as provided by rule adopted by the State Treasurer, the State Treasurer shall consent to the filing of a simple estate affidavit by a creditor only if it appears after investigation that the estate is insolvent

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ORS 114.525 Content of affidavit; rules. (1) A simple estate affidavit must

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ORS 114.535 Transfer of decedent’s property to affiant; payment of debt owing to decedent; transfer of recorded brand; motion to compel transfer or payment. (1) The affiant may deliver a certified copy of a simple estate affidavit to any person who has possession of personal property belonging to the estate or who was indebted to the decedent. Except as provided in this section, upon receipt of the certified copy, the person shall pay the debt or transfer, deliver, provide access to and allow possession of the personal property to the affiant

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ORS 114.537 Safe deposit boxes. (1) If a person who is eligible to file a simple estate affidavit is aware that the decedent was the sole lessee or the last surviving lessee of a safe deposit box or was the owner of the contents of a safe deposit box at the time of the decedent’s death, the claiming successor or other person may not file a simple estate affidavit until the person requests an inventory of the box under ORS 708A.655, if the lessor of the box is an Oregon operating institution as defined in ORS 706.008, or under ORS 723.844, if the lessor of the box is a credit union as defined in ORS 723.008. Upon receiving the request, the lessor of the box shall cause an inventory of the contents of the box to be made. The lessor shall retain the original inventory in the box and shall provide a copy of the inventory to the person requesting the inventory. The person requesting the inventory shall take the contents of the box into consideration in determining whether the estate of the decedent is within the limits prescribed by ORS 114.510. If the person files a simple estate affidavit, the affidavit must contain a statement of the value of the contents of the box

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ORS 114.540 Procedure for claims. (1)(a) A claim against an estate with respect to which a simple estate affidavit is filed may be presented to the affiant within four months after the affidavit was filed. If an amended simple estate affidavit is filed under ORS 114.515 (6), claims against the estate may be presented within four months after the filing of the amended affidavit

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ORS 114.542 Summary determination. (1)(a) A creditor of an estate whose claim has been presented within the time permitted by ORS 114.540 (1) and disallowed by the affiant in whole or in part may within 30 days after the date of mailing or delivery of the notice of disallowance file with the probate court a petition for summary determination of the claim by the court

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ORS 114.545 Affiant as fiduciary; duties, functions and powers of affiant; limitation of liability of financial institution. (1) The affiant

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ORS 114.547 Sales and transfers to third parties. (1) Before the completion of the two-year period established in ORS 114.550, and in exchange for adequate consideration

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ORS 114.549 Liability of affiant. An affiant may be liable for and is chargeable in the accounts of the affiant with

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ORS 114.550 Summary review of administration of estate; hearing; order; removal of affiant; surcharge. (1)(a) The affiant or any claiming successor of the estate who has not been paid the full amount owed the claiming successor may, within two years after the filing of a simple estate affidavit, file with the probate court a petition for summary review of administration of the estate

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ORS 114.552 Filing fees. (1) A person filing a petition for summary determination under ORS 114.542 or a petition for summary review of administration of estate under ORS 114.550, or any other appearance in a proceeding under ORS 114.505 to 114.560, must pay the filing fee established under ORS 21.135

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ORS 114.555 Transfer of interest of decedent in property described in affidavit. (1)(a) If a petition to appoint a personal representative is not filed within four months after the filing of a simple estate affidavit, then after the completion of the four-month period described in ORS 114.540, after all unsecured creditors of the estate have been paid to the extent of the property of the estate and before the completion of the two-year period established in ORS 114.550, the affiant shall transfer the interest of the decedent in remaining property or proceeds of property described in the affidavit to the person or persons shown by the affidavit to be entitled to the property, and any other claims against the property are barred, except

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ORS 114.560 Exclusive remedy. The exclusive remedy of a person injured by the failure of the affiant or any claiming successor to comply with the requirements of ORS 114.505 to 114.560 is a summary determination under ORS 114.542, a summary review of administration under ORS 114.550 or the filing of a petition for appointment of a personal representative for the estate within the time allowed by ORS 114.555. [1989 c.228 §9; 2019 c.165 §20]

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ORS 114.600 Elective share generally. (1) If a decedent is domiciled in this state on the decedent’s date of death, and the decedent is survived by a spouse, the surviving spouse of the decedent may elect to receive the elective share provided by ORS 114.600 to 114.725. An election under ORS 114.600 to 114.725 must be made before the death of the surviving spouse by the filing of a motion or petition in the manner described in ORS 114.610. If a motion or petition is filed within the time specified in ORS 114.610, and the surviving spouse dies before payment of the elective share, the personal representative for the estate of the surviving spouse may take all steps necessary to secure payment of the elective share under ORS 114.600 to 114.725

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ORS 114.605 Amount of elective share. (1) Except as otherwise provided in ORS 114.600 to 114.725, the amount of the elective share is a dollar amount determined by multiplying the augmented estate by the percentage provided in this section. All properties included in the augmented estate shall be determined as provided in ORS 114.600 to 114.725. A court of this state has authority to order distribution under ORS 114.600 to 114.725 of all properties included in the augmented estate under ORS 114.600 to 114.725

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ORS 114.610 Manner of making election. (1) A surviving spouse may claim the elective share only by

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ORS 114.615 Payment of elective share. In determining whether any payment is required to a surviving spouse in satisfaction of the elective share provided for in ORS 114.605, the court shall consider the values of the decedent’s probate estate, the decedent’s nonprobate estate, the surviving spouse’s estate, the decedent’s probate transfers to the surviving spouse and the decedent’s nonprobate transfers to the surviving spouse. If the court determines that the aggregate value of the surviving spouse’s estate, the decedent’s probate transfers to the surviving spouse and the decedent’s nonprobate transfers to the surviving spouse do not satisfy the amount of the elective share, any additional amount required to satisfy the elective share shall be paid out of the decedent’s probate estate and the decedent’s nonprobate estate in the manner provided by ORS 114.700. [2009 c.574 §5]

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ORS 114.620 Waiver of right to elect and other rights. (1) The right of election under ORS 114.600 to 114.725 may be waived, wholly or partially, before or after marriage by a written contract, agreement or waiver signed by the surviving spouse

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ORS 114.625 Who may exercise right of election. The elective share may be personally claimed by a surviving spouse, or may be claimed on the surviving spouse’s behalf by a conservator, guardian or agent under the authority of a power of attorney. [2009 c.574 §7]

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