Chapter 115 — Chapter 115

ORS 115.001 Effect of direction to pay debts, charges, taxes or expenses. A mere testamentary direction to pay debts, charges, taxes or expenses of administration shall not be considered a direction for exoneration from encumbrances. [1973 c.506 §35]

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ORS 115.003 Personal representative to make diligent search for claimants; notice to claimants; contents; proof of compliance; exception for estates with no known assets. (1) Except as provided in subsection (6) of this section, during the three months following appointment, unless a longer time is allowed by the court, the personal representative shall make reasonably diligent efforts to investigate the financial records and affairs of the decedent and shall take such further actions as may be reasonably necessary to ascertain the identity and address of each person who has or asserts a claim against the estate. The personal representative shall request and the court shall allow a longer time for ascertaining claims if the personal representative cannot complete reasonably diligent efforts to identify persons with claims during the time required by this section or by a previous order of the court

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ORS 115.004 Recovery for failure to make search or give notice; indemnification; time for commencing action. If, as a result of breach of a duty imposed by ORS 115.003, a claim or any part of a claim is not paid from the estate during administration, the amount of the claim may be recovered as follows

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ORS 115.005 Presentation of claims; time limitations. (1)(a) Claims against the estate of a decedent, other than claims of the personal representative as a creditor of the decedent, shall be presented to the personal representative. Filing a claim with the court does not constitute presentation to the personal representative. Except as provided in paragraph (b) of this subsection, a claim is presented to the personal representative when the claim is mailed or personally delivered to the personal representative at

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ORS 115.008 Application of time limitations to public bodies. Notwithstanding ORS 12.250, and except as otherwise specifically provided in this chapter, all statutes of limitation and other time limitations imposed under this chapter apply to actions brought in the name of the state, or brought in the name of any county or public corporation, and to actions brought for the benefit of the state or for the benefit of any county or public corporation. [1999 c.675 §3; 2001 c.620 §4]

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ORS 115.010 [Repealed by 1969 c.591 §305]

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ORS 115.015 [1969 c.591 §141a; 1973 c.506 §30; repealed by 1989 c.229 §15]

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ORS 115.020 [Repealed by 1969 c.591 §305]

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ORS 115.025 Form of claims. Each claim presented shall

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ORS 115.035 Waiver of defect or insufficiency. A defect of form of a claim timely presented may be waived by the personal representative or by the court. [1969 c.591 §143; 1973 c.506 §32]

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ORS 115.045 Written evidence of claim. When it appears that there is written evidence of a claim that has been presented to the personal representative, the claimant, upon demand by the personal representative, shall produce the evidence or account for its nonproduction. [1969 c.591 §144]

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ORS 115.055 Claims on debts due. If a claim on a debt due is presented and allowed, allowance shall be in the amount of the debt remaining unpaid on the date of allowance. [1969 c.591 §145]

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ORS 115.065 Claims on secured debts due. (1) A claim on a debt due for which the creditor holds security may be presented as a claim on an unsecured debt due. A creditor who presents a claim under this subsection does not waive the creditor’s security interest and may recover a deficiency as provided in subsection (5) of this section

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ORS 115.070 Claims on debts reduced to judgments. If a judgment was entered on a claim prior to the death of the decedent but was not a lien against property of the estate on the date of the decedent’s death, the claim shall be presented in the same manner as if no judgment had been entered, and a copy of the judgment shall be attached to the claim. A claim for which a judgment was entered prior to the death of the decedent may be disallowed only if the judgment was void or voidable, or if the judgment could have been set aside on the date of the decedent’s death, or if the claim is not presented within the time required by ORS 115.005. If the judgment was a lien against property of the estate on the date of the decedent’s death it shall be treated as a claim on a debt due for which the creditor holds security under ORS 115.065. In all other respects a claim that has been reduced to judgment shall have the same priority under ORS 115.125 as the claim would have had were it not reduced to judgment. [1989 c.229 §11; 2017 c.169 §29]

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ORS 115.075 Claims on debts not due. A claim on a debt not due, whether or not the creditor holds security therefor, may be presented as a claim on a debt due. If the claim is allowed, allowance shall be in an amount equal to the value of the debt on the date of allowance. The creditor, after allowance of the claim, may withdraw the claim without prejudice to other remedies. Payment on the basis of the amount allowed discharges the debt and the security, if any, held by the creditor therefor. [1969 c.591 §147]

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ORS 115.085 Claims on contingent and unliquidated debts. (1) A claim on a contingent or unliquidated debt shall be presented as any other claim

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ORS 115.095 Compromise of claims. The personal representative may compromise a claim against the estate of a decedent. [1969 c.591 §149]

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ORS 115.105 Claims of personal representative. A claim of a personal representative shall be filed with the clerk of the court within the time required by law for presentation of claims. Upon application by the personal representative or by any interested person the claim may be considered by the court on the hearing of the final account of the personal representative or prior to the hearing of the final account upon notice to interested persons. [1969 c.591 §150; 1973 c.506 §33; 2017 c.169 §56]

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ORS 115.110 [Repealed by 1969 c.591 §305]

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ORS 115.115 Payment of claims. After the day on which all known claims are barred under ORS 115.005 (2), the personal representative, after making provision for support of spouse and children ordered by the court, for expenses of administration and for claims already presented which have not been allowed or allowance of which has been appealed, shall proceed to pay the claims allowed against the estate in the order of priority prescribed by ORS 115.125. After payment of those claims, claims presented and allowed under ORS 115.005 (3) shall be paid in the order in which they are received and to the extent of the remaining assets of the estate. [1969 c.591 §151; 1989 c.229 §6]

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ORS 115.120 [Repealed by 1969 c.591 §305]

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ORS 115.125 Order of payment of expenses and claims. (1) If the applicable assets of the estate are insufficient to pay all expenses and claims in full, the personal representative shall make payment in the following order

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ORS 115.130 [Repealed by 1969 c.591 §305]

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ORS 115.135 Allowance and disallowance of claims; exception for estates with no known assets. (1) Except as provided in subsection (5) of this section, a claim presented to the personal representative shall be considered allowed as presented unless within 60 days after the date of presentation of the claim as provided in ORS 115.005 the personal representative mails or delivers a notice of disallowance of the claim in whole or in part to the claimant and, if any, the attorney of the claimant. The personal representative shall file in the estate proceeding the claim as presented and a copy of the notice of disallowance

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ORS 115.140 [Amended by 1955 c.292 §1; repealed by 1969 c.591 §305]

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ORS 115.145 Procedure by claimant on disallowance of claim. (1) If the personal representative disallows a claim in whole or in part, the claimant, within 30 days after the date of mailing or delivery of the notice of disallowance, may either

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ORS 115.150 [Repealed by 1969 c.591 §305]

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ORS 115.155 Separate action required by personal representative. If the claimant files a request for summary determination of the claim as provided in ORS 115.145, the personal representative, within 30 days after the date of service of a copy of the request upon the personal representative or the attorney of the personal representative, may notify the claimant in writing that if the claimant desires to prove the claim the claimant must commence a separate action against the personal representative on the claim within 60 days after the date of receipt of such notice. If the claimant fails to commence a separate action within 60 days after the date of receipt of the notice, the claim, to the extent disallowed by the personal representative, is barred. [1969 c.591 §155]

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ORS 115.160 [Repealed by 1969 c.591 §305]

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ORS 115.165 Summary determination procedure. In a proceeding for summary determination by the probate court of a claim disallowed in whole or in part by the personal representative

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ORS 115.170 [Repealed by 1969 c.591 §305]

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ORS 115.175 Interested persons heard in summary determination or separate action. Any interested person may be heard in a proceeding for summary determination by the probate court of a claim, and may intervene in a separate action against the personal representative on the claim. [1969 c.591 §157]

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ORS 115.180 [Repealed by 1969 c.591 §305]

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ORS 115.185 Creditor may obtain order for payment. A creditor whose claim has been allowed or established by summary determination or separate action, and who has not received payment within six months after the date of publication of notice to interested persons, may apply to the court for an order directing the personal representative to pay the claim to the extent that funds of the estate are available for that payment. [1969 c.591 §158; 2023 c.18 §9]

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ORS 115.190 [Repealed by 1969 c.591 §305]

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ORS 115.195 Proof for court allowance of disallowed claim; claims for recovery of public assistance or medical assistance. (1) A claim that has been disallowed by the personal representative may not be allowed by any court except upon some competent, satisfactory evidence other than the testimony of the claimant

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ORS 115.200 [Repealed by 1969 c.591 §305]

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ORS 115.205 Waiver of statute of limitations. A claim barred by the statute of limitations may not be allowed by the personal representative or by any court except upon the written direction or consent of those interested persons who would be adversely affected by allowance of the claim. [1969 c.591 §160]

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ORS 115.210 [Repealed by 1969 c.591 §305]

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ORS 115.215 Extension of statute of limitations. If a claim is not barred by the statute of limitations on the date of death of the decedent, the claim is not barred by the statute of limitations thereafter until at least one year after the date of death. [1969 c.591 §161]

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ORS 115.220 [1963 c.447 §1; 1965 c.514 §1; repealed by 1969 c.591 §305]

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ORS 115.255 Discharge of encumbrances. (1) As used in this section

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ORS 115.265 Power to redeem estate property. Unless otherwise provided by the will, the personal representative may redeem property of the estate sold on foreclosure of mortgage or upon execution if it appears that the redemption would be for the benefit of the estate and would not be prejudicial to creditors. [1969 c.591 §163]

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ORS 115.275 Encumbered assets; powers of personal representative. When any assets of the estate are encumbered by an involuntary or voluntary encumbrance, the personal representative may discharge the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of the lien, in whole or in part, whether or not the holder of the encumbrance has filed a claim, if it appears to be for the best interest of the estate. Discharge of an encumbrance shall not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration under ORS 115.255 (3). [1969 c.591 §164]

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ORS 115.305 Survival of causes of action. All causes of action or suit, by one person against another, survive to the personal representative of the former and against the personal representative of the latter. [Formerly 121.020]

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ORS 115.310 [Repealed by 1969 c.591 §305]

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ORS 115.315 Continuation of action without claim presentation. An action against a decedent commenced before and pending on the date of death of the decedent may be continued as provided in ORCP 34 B(2) without presentation of a claim against the estate of the decedent. [1969 c.591 §166; 1979 c.284 §107]

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ORS 115.320 [Repealed by 1969 c.591 §305]

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ORS 115.325 Action not to be commenced until claim presented and disallowed. Except as provided in ORS 115.004, 115.005 (5) and 115.065, no action against a personal representative on account of a claim shall be commenced until the claim of the plaintiff has been presented to and disallowed by the personal representative. [Formerly 121.090; 1989 c.229 §8; 1993 c.214 §2]

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ORS 115.330 [Repealed by 1969 c.591 §305]

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