Title 12, Probate Law

(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: (a) One year after the death …

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: (1) Petition therefor by or on behalf of the spouse or any dependent child; (2) Service of th…

(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 repres…

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…

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]

(1) Provision for support under ORS 114.015 ordered by the court may consist of any one or more of the following: (a) Transfer of title to personal property. (b) Transfer of title to real property. (c) Periodic payment of moneys during administration of the estate, but the paymen…

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…

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 t…

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 cl…

ORS chapters 111, 112, 113, 114, 115, 116 and 117 apply without distinction between real and personal property. [1969 c.591 §119]

(1) Upon the death of a decedent, title to the property of the decedent vests: (a) In the absence of testamentary disposition, in the heirs of the decedent, subject to support of spouse and children, rights of creditors, administration and sale by the personal representative or a…

(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 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 …

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 chapte…

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 …

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 …

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 t…

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, i…

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]

(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. (2) Exercise of the power of sale by the person…

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 …

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…

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 deceden…

(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: (a) The transaction was co…

The following are the subject of validating Acts: (1) Certain sales of decedent’s real property made prior to 1903 where confirmation of sale was premature, validated by page 133, section 2, General Laws of Oregon 1903. (2) Certain sales of decedent’s property made prior to 1907 …

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]

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 …

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. Exercis…

(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. (2) A personal representative is not personally lia…

(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: (a) Any copersonal representative may receive and receipt for property due the estate. …

(1) The court may order any person to appear and give testimony by deposition if it appears probable that the person: (a) Has concealed, secreted or disposed of any property of the estate of a decedent; (b) Has been entrusted with property of the estate of a decedent and fails to…

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 th…

As used in ORS 114.441 to 114.462: (1) “Beneficiary” means a person for whose benefit an action against a wrongdoer may be brought under ORS 30.020. (2) “Interested person” has the meaning given that term in ORS 111.005. (3) “Personal injury claim” means a cause of action arising…

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] Note: See note under 114.441. …

(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 repr…

If the only asset of an estate is a personal injury cause of action that has not been adjudicated or settled, the court shall: (1) Defer bond requirements until a settlement of the personal injury claim is approved under ORS 114.447; and (2) Accept an annual report on the status …

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…

(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: (a) The title of the court in which the estate proceeding is pending and the case number; (b) The name of the decedent a…

(1) When a personal representative is appointed ORS 114.453 and no assets of the estate have been discovered: (a) The following requirements are waived: (A) Information to devisees, heirs and interested persons of appointment of personal representative under ORS 113.145; (B) Publ…

(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 …

As used in ORS 114.505 to 114.560: (1) “Affiant” means the person or persons signing a simple estate affidavit. (2) “Claiming successors” means: (a) If the decedent died intestate, the heir or heirs of the decedent, or if there is no heir, an estate administrator of the State Tre…

(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: (a)(A) Not more than $75,000 of the fair market value of the estate is attributable to personal property other than manufactured homes; and (B) Not mo…

(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 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 p…

(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 Treasure…

(1) A simple estate affidavit must: (a) Contain a notice in substantially the following form, printed in at least 14-point bold type immediately below the caption on the first page of the simple estate affidavit: ___________________________________________________________________…

(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 pa…

(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 o…

(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 prese…

(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 petiti…