Title 12, Probate Law

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…

(1) The affiant: (a) Is a fiduciary who is under a general duty to administer, preserve, settle and distribute the estate in accordance with the terms of the will, the law of intestate succession and ORS 114.505 to 114.560 as expeditiously and with as little sacrifice of value as…

(1) Before the completion of the two-year period established in ORS 114.550, and in exchange for adequate consideration: (a) The affiant may transfer or sell any real property if each heir or devisee who would succeed to the interest conveyed joins in the conveyance. (b) The affi…

An affiant may be liable for and is chargeable in the accounts of the affiant with: (1) All of the estate of the decedent that comes into the possession of the affiant at any time, including income from the estate. (2) All property not a part of the estate if: (a) The affiant has…

(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 est…

(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. (…

(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 …

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 petitio…

(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 b…

(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 provid…

(1) A surviving spouse may claim the elective share only by: (a) Filing a petition for the appointment of a personal representative for the estate of the deceased spouse, and a motion for the exercise of the election as described in paragraph (b) of this subsection, within nine m…

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 deced…

(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. (2) Unless specifically provided otherwise, a written agreement that waives all rights in…

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] (Augmented Estate)

(1) Except as otherwise provided in ORS 114.600 to 114.725, the augmented estate consists of all of the following property, whether real or personal, movable or immovable, or tangible or intangible, wherever situated: (a) The decedent’s probate estate as described in ORS 114.650.…

The augmented estate does not include: (1) Any value attributable to future enhanced earning capacity of either spouse; (2) Any property that is irrevocably transferred before the death of the decedent spouse; (3) Any property that is transferred on or after the date of the death…

For purposes of ORS 114.600 to 114.725, a decedent’s probate estate is the value of all estate property that is subject to probate and that is available for distribution after payment of claims and expenses of administration. A decedent’s probate estate includes all property that…

For purposes of ORS 114.600 to 114.725, a decedent’s nonprobate estate consists of the property described in ORS 114.665 that is not included in the decedent’s probate estate and that does not constitute a transfer to the decedent’s surviving spouse. The value of the decedent’s n…