Title 12, Probate Law

As used in ORS chapters 111, 112, 113, 114, 115, 116 and 117, unless the context requires otherwise: (1) “Abate” means to reduce a devise on account of the insufficiency of the estate to pay all claims, expenses and devises in full. (2) “Action” includes suits and legal proceedin…

Except as specifically provided otherwise in chapter 591, Oregon Laws 1969, on July 1, 1970, chapter 591, Oregon Laws 1969, applies to wills of decedents dying thereafter, and a will executed before July 1, 1970, shall be considered lawfully executed if the application of ORS 112…

For purposes of ORS chapters 111 to 116, the Oregon Tax Court is not a court having probate jurisdiction and is limited to the trial of appeals on estate tax matters. [1971 c.567 §3; 1997 c.99 §25; 2011 c.526 §17; 2017 c.169 §44]

(1) All probate jurisdiction, authority, powers, functions and duties of the county courts and the judges thereof are transferred to the circuit courts and the judges thereof in all counties except Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties. (2) All probate jur…

Jurisdiction of all probate matters, causes and proceedings is vested in the county courts of Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties and in the circuit court for each other county and as provided in ORS 111.115. [1969 c.591 §4]

(1) The jurisdiction of the probate court includes, but is not limited to: (a) Appointment and qualification of personal representatives. (b) Probate and contest of wills. (c) Determination of heirship. (d) Determination of title to, rights in and possession of property claimed b…

(1) A probate court has the general legal and equitable powers of a circuit court. (2) The determinations, orders and judgments of a probate court have the same validity, finality and presumption of regularity as those of a circuit court. (3) A probate court has full, legal and e…

(1) Except as otherwise provided in this section, no issue determined in a probate court exercising probate jurisdiction shall be tried again on appeal or otherwise reexamined in a manner other than those appropriate to issues determined by a court of record with general jurisdic…

(1) An estate proceeding may be transferred at any time from a county court to the circuit court for the county by order of the county court. (2) An estate proceeding commenced in a county court and in which the county judge is a party or directly interested must be transferred f…

The presiding judge of a circuit court or the county judge of a county court may appoint a probate commissioner and one or more deputy probate commissioners and, if such appointments are made, shall prescribe, by rule or order, the duties and responsibilities of the probate commi…

(1) To the extent prescribed or otherwise authorized by rule or order made under ORS 111.175, a probate commissioner or deputy probate commissioner may: (a) Act upon uncontested petitions for appointment of special administrators, for probate of wills and for appointment of perso…

(1) As used in this section: (a) “Probate proceeding” means a proceeding under ORS chapter 111, 112, 113, 114, 115, 116 or 117 for the administration of a decedent’s estate. (b) “Probate proceeding” does not include: (A) A proceeding for summary determination of a claim under ORS…

(1) A probate proceeding is commenced by the filing of a petition in a court with jurisdiction over probate proceedings. Petitions to commence probate proceedings are authorized in ORS chapters 113 and 117. (2) No particular pleadings or forms of pleadings are required in the exe…

(1)(a) A notice required under ORS chapter 111, 112, 113, 114, 115, 116 or 117 must contain the following: (A) The name, address and telephone number of the person giving the notice and the nature of that person’s interest in the estate; (B) A statement where objections may be fi…

(1) Proof of service must be made for all documents for which statutes require giving notice. If notice of a document is not required, no proof of service is required. (2) Proof of service of a document may be on the document filed in the form of a certificate of service that spe…

When any notice or information is required to be given under ORS chapters 111, 112, 113, 114, 115, 116 and 117, a guardian, a guardian ad litem, a conservator or a person who is neither incompetent nor a minor may waive notice by a writing signed by the guardian, guardian at lite…

(1) Any interested person or the personal representative may file a written objection to a petition or motion previously filed. (2) An objection filed under this section must: (a) Include a plain and concise statement of the basis for the objection; (b) Be served on the persons d…

(1) The court may require that a hearing be held on any petition or motion in a probate proceeding. (2) A hearing must be held on a petition or a motion in a probate proceeding if an objection to the petition or motion is filed and the objection is not withdrawn before the hearin…

(1) Proof of documents pursuant to ORS chapter 111, 112, 113, 114, 115, 116 or 117 may be made as follows: (a) Of a will, by a certified copy of the will. (b) That a will has been probated or established in a foreign jurisdiction, by a certified copy of the document entered in th…

If all or part of a document is not in the English language, a translation certified by the translator to be accurate may be attached to the document. If no objection is made to the certified translation, any person who relies in good faith on the accuracy of the translation may …

(1) The court in a probate proceeding may enter a limited judgment only for the following decisions of the court: (a) A decision on a petition for appointment or removal of a personal representative, including a successor personal representative. (b) A decision in a will contest …

(1) Any part of the net estate of a decedent not effectively disposed of by the will of the decedent shall pass as provided in ORS 112.025 to 112.055. (2) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent …

If the decedent leaves a surviving spouse and one or more descendants, the intestate share of the surviving spouse is: (1) If there are one or more surviving descendants of the decedent all of whom are descendants of the surviving spouse also, the entire net intestate estate. (2)…

If the decedent leaves a surviving spouse and no descendant, the intestate share of the surviving spouse is the entire net intestate estate. [1969 c.591 §21; 2016 c.42 §3]

The part of the net intestate estate not passing to the surviving spouse shall pass: (1) To the descendants of the decedent by representation as described in ORS 112.065. (2) If there is no surviving descendant, to the surviving parents of the decedent. (3) If there is no survivi…

(1) Property that would pass by intestate succession under ORS 112.045 from the estate of a decedent to a parent of the decedent shall pass and be vested as if the parent had predeceased the decedent if: (a) The parental rights of the parent with respect to the decedent were term…

(1) A petition may be filed in probate proceedings to assert that the intestate share of a parent of a decedent is subject to forfeiture under ORS 112.047. A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent’s share. (2…

(1) If, after diligent search and inquiry that is appropriate to the circumstances, taking into account the value of the decedent’s estate, no person takes under ORS 112.025 to 112.045, the net intestate estate escheats to the State of Oregon. (2) If a devisee or a person entitle…

(1) In any proceeding to determine the escheat share of the estate of a decedent whose estate is wholly or partially subject to probate in this state: (a) No preference shall be given to any person over escheat; and (b) After diligent search and inquiry appropriate to the circums…

“Representation” means the method of determining the passing of the net intestate estate when the distributees are of different generations in relation to the decedent. Representation is accomplished as follows: (1) If a distributive share of a wholly or partially intestate estat…

(1) For purposes of this section, an embryo that exists outside a person’s body is not considered to be conceived until the embryo is implanted into a person’s body. (2) Except as provided in subsections (3) and (4) of this section, the relationships existing at the time of the d…

Persons of the half blood inherit the same share that they would inherit if they were of the whole blood. [1969 c.591 §27]

(1) For all purposes of intestate succession, full effect shall be given to all relationships as described in ORS 109.060, except as otherwise provided by law in case of adoption. (2) For all purposes of intestate succession and for those purposes only, before the relationship of…

A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share. [1969 c.591 §29] ADVANCEMENTS

(1)(a) If a person dies intestate as to all or part of the estate of the person, property that the person gives during the lifetime of the person to an heir is treated as an advancement against the heir’s share of the estate if declared in writing by the decedent or acknowledged …

(1) If the value of an advancement exceeds the heir’s or devisee’s share of the estate, the heir or devisee shall be excluded from any further share of the estate, but the heir or devisee shall not be required to refund any part of the advancement. If the value of an advancement …

If the recipient of the property advanced fails to survive the decedent, the amount of the advancement shall be taken into account in computing the share of the descendants of the recipient, whether or not the descendants take by representation. [1969 c.591 §32; 2016 c.42 §10] ST…

(1) An adopted person, the descendants and kindred of the adopted person shall take by intestate succession from the adoptive parents, their descendants and kindred, and the adoptive parents, their descendants and kindred shall take by intestate succession from the adopted person…

For all purposes of intestate succession, a person who has been adopted more than once shall be treated as the child of the parents who have most recently adopted the person and, except as otherwise provided in this section, shall cease to be treated as the child of the previous …

Unless a contrary intent is established by the instrument, all references in a will, deed, trust instrument or other instrument to an individual or member of a class described generically in relation to a particular person as children, issue, grandchildren, descendants, heirs, he…

Any person who is 18 years of age or older or who has been lawfully married or who has been emancipated in accordance with ORS 419B.550 to 419B.558, and who is of sound mind, may make a will. [1969 c.591 §36; 2015 c.387 §10]

The intention of a testator as expressed in the will of the testator controls the legal effect of the dispositions of the testator. The rules of construction expressed in this section, ORS 112.230 and 112.410 apply unless a contrary intention is indicated by the will. [1973 c.506…

The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in the instrument of the testator unless the application of that law is contrary to the public policy of this state. [1973 c.506 §11]

(1) As used in this section: (a) “International will” means a will executed in conformity with subsections (2) to (5) of this section. (b) “Authorized person” and “person authorized to act in connection with international wills” means a person who by subsection (9) of this sectio…

(1) Except as provided in ORS 112.238, a will shall be in writing and shall be executed in accordance with the following formalities: (a) The testator, in the presence of each of the witnesses, shall: (A) Sign the will; (B) Direct one of the witnesses or some other person to sign…

(1) Although a writing was not executed in compliance with ORS 112.235, the writing may be treated as if it had been executed in compliance with ORS 112.235 if: (a) The writing was executed before the decedent’s death; (b)(A) The decedent signed the writing; or (B) At the directi…

A will attested by an interested witness is not thereby invalidated. An interested witness is one to whom is devised a personal and beneficial interest in the estate. [1969 c.591 §38; 1973 c.506 §8]

(1) A will is lawfully executed if it is in writing, signed by or at the direction of the testator and otherwise executed in accordance with the law of: (a) This state at the time of execution or at the time of death of the testator; (b) The domicile of the testator at the time o…

(1) Except as otherwise provided in a valid will, a will may refer to a writing that contains a statement or list disposing of household items, furniture, furnishings and personal effects. Money, property used in trade or business and items evidenced by documents or certificates …

(1) A devise may be made by a will to the trustee or trustees of a trust, regardless of the existence, size or character of the corpus of the trust, if: (a) The trust is established or will be established by the testator, or by the testator and some other person or persons, or by…