Title 12, Probate Law

If it appears to a court having jurisdiction of the estate of a decedent that a person has custody of a will made by the decedent, the court may issue an order requiring that person to deliver the will to the court. [1989 c.770 §9] Note: See note under 112.800. _______________

(1) If, prior to appointment and qualification of a personal representative, property of a decedent is in danger of loss, injury or deterioration, or disposition of the remains of a decedent is required, the court may appoint a special administrator to take charge of the property…

(1) A special administrator is not required to provide a bond to the court under ORS 113.005 (2) if a will provides that no bond is required of the person appointed as special administrator, but the court may, for good cause, require a bond notwithstanding any provision in a will…

(1) The venue for a proceeding seeking the appointment of a personal representative and for a proceeding to probate a will is: (a) In the county where the decedent had a domicile or where the decedent had a place of abode at the time of death; (b) In any county where property of …

(1) If proceedings seeking the appointment of a personal representative of the same estate or proceedings to probate a will of the same decedent are commenced in more than one county, they shall be stayed except in the county where first commenced until final determination there …

A will may not be admitted to probate or an estate reopened to admit a will to probate more than one year after the estate of the decedent has been administered in Oregon and closed. [1973 c.506 §21]

Any interested person or the person nominated as personal representative named in the will may petition for the appointment of a personal representative and for the probate of a will. The petition must include the following information, so far as known: (1) The name, age, domicil…

(1) A petition for the appointment of a personal representative under ORS 113.035 may include a request for the compensation of the personal representative to be determined by a different method than as provided in ORS 116.173 (3). The petition must set forth specific facts showi…

(1) Upon appointment, a personal representative shall deliver or mail to the State Treasurer a copy of the petition filed under ORS 113.035, and a copy of any last will of the decedent, if the personal representative has not identified and found all heirs and devisees of the dece…

(1) Upon the ex parte review of a petition for the probate of a will, an affidavit of an attesting witness may be used instead of the personal presence of the witness in court. The witness may give evidence of the execution of the will by attaching the affidavit to the will or to…

(1) The written will of a testator who died domiciled outside this state, which upon probate may operate upon property in this state, may be admitted to probate upon petition, by filing a certified copy of the will and a certified copy of the order admitting the will to probate o…

(1) Any interested person may contest the probate of the will or the validity of the will or assert an interest in the estate for the reason that: (a) The will alleged in the petition for probate to be the will of the decedent is ineffective in whole or part; (b) There exists a w…

(1) Except as provided in subsection (3) of this section, upon the filing of the petition under ORS 113.035, if there is no will or if there is a will and it has been proved, the court shall appoint a qualified person the court finds suitable as personal representative, giving pr…

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 be appointed as personal representatives under ORS 113.08…

(1) By accepting appointment, a personal representative, whether a resident or nonresident of this state, submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. (2) Notice of any proceeding sha…

(1) A person nominated as personal representative who has been convicted of a felony shall inform the court of the conviction. The conviction shall not disqualify the nominee from acting as personal representative unless the court finds that the facts underlying the conviction ar…

A person is not qualified to act as personal representative if the person is: (1) Incapacitated or financially incapable, as those terms are defined in ORS 125.005. (2) A minor. (3) A person suspended for misconduct or disbarred from the practice of law, during the period of susp…

(1)(a) Except as provided in subsections (2) to (5) of this section, the personal representative may not act, and letters may not be issued to the personal representative, until the personal representative provides a bond to the clerk of the court in an amount set by the court. T…

The court may increase or reduce the amount of the bond of a personal representative, or require a new bond, if it appears to the court that the bond was inadequate or excessive or a new bond is necessary. The surety on the bond may be discharged from liability by an order made p…

(1) The court shall issue letters testamentary or letters of administration to the personal representative appointed by the court upon the filing with the clerk of the court the bond, if any, required by the court. (2) The letters testamentary or letters of administration must re…

If the personal representative has employed an attorney to represent the personal representative in the administration of the estate, the personal representative shall file in the estate proceeding the name and post-office address of the attorney unless that information appears i…

(1) Upon appointment a personal representative shall deliver or mail to the devisees, heirs and the persons described in ORS 113.035 (8) and (9) who were required to be named in the petition for appointment of a personal representative, at the addresses shown in the petition, inf…

(1) Except as provided in subsection (5) of this section, upon appointment a personal representative shall cause a notice to interested persons to be published once in: (a) A newspaper published in the county in which the estate proceeding is pending; or (b) If no newspaper is pu…

Within 90 days after the date of appointment, unless a longer time is granted by the court, a personal representative shall file in the estate proceeding an inventory of all property of the estate that has come into the possession or knowledge of the personal representative. The …

(1) Whenever any property of the estate not included in the inventory comes into the possession or knowledge of the personal representative, the personal representative shall either file in the estate proceeding a supplemental inventory within 30 days after the date of receiving …

(1) The personal representative may employ a qualified and disinterested appraiser to assist the personal representative in the appraisal of any property of the estate the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different k…

(1) When a personal representative ceases to be qualified as provided in ORS 113.095, or becomes incapable of discharging duties, the court shall remove the personal representative. (2) When a personal representative has been unfaithful to or neglectful of the trust, the court ma…

(1) Every power exercisable by copersonal representatives may be exercised by the survivors or survivor of them when the appointment of one is terminated, unless the will provides otherwise. (2) Where one of two or more persons named as copersonal representatives is not appointed…

(1) When a personal representative dies, is removed by the court, or resigns and the resignation is accepted by the court, the court may appoint, and, if the personal representative was the sole or the last surviving personal representative and administration is not completed, th…

(1) If the personal representative dies, is removed by the court or resigns after the notice to interested persons required by ORS 113.155 has been published but before the expiration of four months from the date of publication, the successor personal representative shall cause n…

The State Treasurer shall appoint one or more estate administrators to administer any estate in which the State Treasurer is appointed personal representative. An estate administrator appointed under this section is an employee of the State Treasurer. [2003 c.395 §7; 2019 c.678 §…

(1) A person who has knowledge that a decedent died wholly intestate, that the decedent owned property subject to probate in Oregon and that the decedent died without a known heir shall give notice of the death within 48 hours after acquiring that knowledge to the State Treasurer…

(1) An estate administrator of the State Treasurer appointed under ORS 113.235 may take custody of the property of a decedent who died owning property subject to probate in Oregon upon the State Treasurer receiving notice that: (a) The decedent died wholly intestate and without a…

(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…