Chapter 116 — Chapter 116

ORS 116.003 [1969 c.591 §168; 1973 c.506 §36; repealed by 1975 c.717 §14 (116.007 enacted in lieu of 116.003)]

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ORS 116.005 [Repealed by 1969 c.591 §305]

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ORS 116.007 Allocation of income. (1) Unless the will otherwise provides and subject to subsection (2) of this section, all expenses incurred in connection with the settlement of a decedent’s estate, including debts, funeral expenses, estate taxes, interest and penalties concerning taxes, family allowances, fees of attorneys and personal representatives and court costs, shall be charged against the principal of the estate

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ORS 116.010 [Repealed by 1969 c.591 §305]

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ORS 116.013 Petition and order for partial distribution. Upon petition by the personal representative or other interested person, and after such notice and hearing as the court may prescribe, the court may order the personal representative to distribute, prior to final settlement and distribution, property of the estate to the person or persons who would be entitled to the property under the will or under intestate succession on final distribution, if the court finds that

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ORS 116.015 [Repealed by 1969 c.591 §305]

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ORS 116.020 [Amended by 1957 c.352 §1; repealed by 1969 c.591 §305]

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ORS 116.023 Bond or other security. The court may require a bond or other security of any distributee for the protection of creditors and other interested persons who might suffer loss or injury because of the distribution of property under ORS 116.013. [1969 c.591 §170]

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ORS 116.025 [Repealed by 1969 c.591 §305]

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ORS 116.033 Discharge of personal representative. The distribution of property in accordance with the order of the court under ORS 116.013 is a full discharge of the personal representative in respect to all property embraced in the order, except as otherwise provided in ORS chapters 111, 112, 113, 114, 115, 116 and 117. [1969 c.591 §171]

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ORS 116.043 Petition and order for refund by distributee. If, after the distribution of property under ORS 116.013, it appears that all or any part of the property distributed is required for the payment of claims and expenses of administration, including determined and undetermined state and federal tax liability, the personal representative shall petition the court to order the return of the property. Notice of the hearing on the petition shall be given as provided in ORS 111.215. Upon the hearing the court may order the distributee to return all or part of the property distributed, or to pay the value of the property as of the time of distribution, and may specify the time within which the return or payment must be made. If the property is not returned or the payment is not made within the time ordered, the person failing to return the property or pay its value may be adjudged in contempt of court and judgment may be entered against the person and the sureties of the person, if any. [1969 c.591 §172; 2017 c.169 §57]

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ORS 116.063 Liability of personal representative. A personal representative may be liable for and is chargeable in the accounts of the personal representative with

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ORS 116.073 Nonliability of personal representative. A personal representative is not liable for or chargeable in the accounts of the personal representative with

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ORS 116.083 Accounting by personal representative; statement in lieu of account; rules. (1) A personal representative shall make and file in the estate proceeding an account of the personal representative’s administration

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ORS 116.093 Notice for filing objections to final account and petition for distribution; rules. (1) Upon filing the final account and petition for a judgment of distribution, the personal representative shall set a time for filing objections to the account and petition. Not less than 20 days before the time set, the personal representative shall mail a copy of the final account and petition for judgment and notice of the time set for objections to

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ORS 116.103 Objections to final account and petition. Any person entitled to notice under ORS 116.093 may, within the time fixed for the filing, file in the estate proceeding objections to the final account and petition for distribution, specifying the particulars of the objections. Upon the filing of objections the court shall fix the time for hearing thereon. [1969 c.591 §177]

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ORS 116.105 [Repealed by 1969 c.591 §305]

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ORS 116.110 [Repealed by 1969 c.591 §305]

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ORS 116.113 Judgment of final distribution. (1) If no objections to the final account and petition for distribution are filed, or if objections are filed, upon the hearing or upon the filing of a statement in lieu of the final account under ORS 116.083 (5), the court shall enter a general judgment of final distribution. In the judgment the court shall designate the persons in whom title to the estate available for distribution is vested and the portion of the estate or property to which each is entitled under the will, by agreement approved by the court or pursuant to intestate succession. The judgment shall also contain any findings of the court in respect to

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ORS 116.115 [1961 c.674 §4; 1969 c.175 §11; renumbered 97.295]

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ORS 116.120 [Repealed by 1969 c.591 §305]

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ORS 116.123 Effect of approval of final account. To the extent that the final account is approved, the personal representative and the surety of the personal representative, subject to the right of appeal, to the power of the court to vacate its final orders and to the provisions of ORS 116.213, are relieved from liability for the administration of the trust. The court may disapprove the account in whole or in part, surcharge the personal representative for any loss caused by any breach of duty and deny in whole or in part the right of the personal representative to receive compensation. [1969 c.591 §179]

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ORS 116.125 [Repealed by 1969 c.591 §305]

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ORS 116.130 [Repealed by 1969 c.591 §305]

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ORS 116.133 Distribution; order in which assets appropriated; abatement. (1) If the will expresses an order of abatement, or the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (2) of this section, the shares of the distributees abate as may be found necessary to give effect to the intention of the testator

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ORS 116.135 [Repealed by 1969 c.591 §305]

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ORS 116.140 [Repealed by 1969 c.591 §305]

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ORS 116.143 Interest on pecuniary devises. (1) As used in this section, “discount rate” means the auction average rate on 91-day United States Treasury bills, as established by the most recent auction of these Treasury bills and as reported by the United States Department of the Treasury, Bureau of the Public Debt. The discount rate shall be determined, with reference to the most recent auction date, before May 15 and before November 15 of each year

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ORS 116.145 [Repealed by 1969 c.591 §305]

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ORS 116.150 [Repealed by 1969 c.591 §305]

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ORS 116.153 Right of offset and retainer. The amount of the indebtedness of a distributee to the estate if due, or its present worth if not due, shall be offset against the interest of the distributee in the estate; but the distributee has the benefit of any defense that would be available to the distributee in a direct proceeding for recovery of the debt. The right of offset and retainer is prior and superior to the rights of judgment creditors, heirs or assignees of the distributee. [1969 c.591 §182]

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ORS 116.155 [Repealed by 1969 c.591 §305]

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ORS 116.160 [Repealed by 1969 c.591 §305]

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ORS 116.163 Distribution to foreign personal representative. When administration of an estate in this state has been completed and the estate is in a condition to be distributed, the court, upon application by the personal representative, may authorize the delivery to the personal representative of an estate of a decedent pending in a foreign jurisdiction of such property as the court finds appropriate for the payment of debts, taxes or other charges or for distribution to the distributees of the estate in the foreign jurisdiction. [1969 c.591 §183]

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ORS 116.165 [Repealed by 1969 c.591 §305]

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ORS 116.170 [Repealed by 1969 c.591 §305]

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ORS 116.173 Compensation of personal representative. (1) As used in this section, “property subject to the jurisdiction of the court” means

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ORS 116.175 [Repealed by 1969 c.591 §305]

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ORS 116.180 [Repealed by 1969 c.591 §305]

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ORS 116.183 Expenses of personal representative; determination of attorney fees. (1) A personal representative shall be allowed in the settlement of the final account all necessary expenses incurred in the care, management and settlement of the estate, including reasonable fees of appraisers, attorneys and other qualified persons employed by the personal representative. A partial award of such expenses, including fees, may be allowed prior to settlement of the final account upon petition, showing that the final account reasonably cannot be filed at that time, and upon notice as directed by the court

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ORS 116.185 [Repealed by 1961 c.417 §2]

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ORS 116.186 [1961 c.417 §1; repealed by 1969 c.591 §305]

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ORS 116.190 [Repealed by 1969 c.591 §305]

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ORS 116.193 Order of escheat. If it appears to the court, at any time after the expiration of four months after the date of publication of notice to interested persons, that there is no known person to take by descent the net intestate estate, the court shall order that the estate escheat to the State of Oregon and that the whole of the estate, after payment of claims, taxes and expenses of administration, and subject to the requirements of ORS 116.205, be distributed to the State Treasurer for deposit into the Unclaimed Property and Estates Fund. There shall be no further proceeding in the administration of the estate, and the estate shall summarily be closed. [1969 c.591 §186; 2019 c.678 §43; 2021 c.424 §15; 2023 c.18 §10; 2025 c.463 §5]

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ORS 116.195 [Repealed by 1969 c.591 §305]

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ORS 116.203 Disposition of unclaimed assets. If a personal representative cannot make payment or delivery of property in the personal representative’s possession to the distributee entitled thereto within 30 days after the date of entry of the judgment of distribution, either because the distributee refuses to accept the property or because the distributee cannot be found, the personal representative shall file a motion, with notice to the State Treasurer of the opportunity to object, to request that the court direct the personal representative to sell or liquidate the property and pay or deliver the property to the State Treasurer, in the manner provided in ORS 116.205, to be placed in the escheat funds of the state. The personal representative shall take the receipt of the State Treasurer stating from whom the property was received, a description of the property and the name of the person entitled to the property. The person entitled thereto may apply for and recover the property in the manner provided for recovery of escheat funds. [1969 c.591 §187; 2003 c.576 §378; 2019 c.678 §44; 2025 c.463 §6]

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ORS 116.205 Delivery of escheated property to State Treasurer. (1) A personal representative shall use best efforts to sell or otherwise liquidate any real or personal property, or portion thereof, that escheats pursuant to ORS 112.055, 116.193 or 116.203. If the personal representative is unable to sell or otherwise liquidate such property, the personal representative may retain such property in kind for delivery to the State Treasurer

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ORS 116.208 Motion to close estate with no known assets; judgment; discharge of personal representative. (1) If the petition for appointment of the personal representative states that no assets of the estate are known to the petitioner and no assets of the estate have come into the possession or knowledge of the personal representative, the personal representative may move to close the estate no earlier than four months after the latest date of delivery or mailing of the information described in ORS 113.145

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ORS 116.213 Discharge of personal representative. Upon the filing of receipts or other evidence satisfactory to the court that distribution has been made as ordered in the general judgment, the court shall enter a supplemental judgment of discharge. Except as provided in ORS 115.004, the discharge so entered operates as a release of the personal representative from further duties and as a bar to any action against the personal representative and the surety of the personal representative. The court may, in its discretion and upon such terms as may be just, within one year after entry of the supplemental judgment of discharge, permit an action to be brought against the personal representative and the surety of the personal representative if the supplemental judgment of discharge was taken through fraud or misrepresentation of the personal representative or the surety of the personal representative or through the mistake, inadvertence, surprise or excusable neglect of the claimant. [1969 c.591 §188; 1989 c.229 §9; 2003 c.576 §379]

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ORS 116.223 Recording of deed from personal representative. The personal representative shall cause to be recorded in the deed records of any county in which real property belonging to the estate is situated, a deed from the personal representative executed in the manner required by ORS chapter 93. The execution of the bargain and sale deed does not place the personal representative in the chain of title to the property conveyed unless the personal representative is also an heir, devisee or claiming successor to the property conveyed. [1969 c.591 §189; 1991 c.191 §1; 2017 c.169 §38; 2019 c.165 §30]

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