Chapter 111

      111.005

NOTES OF DECISIONS

      Creditor right to interest on outstanding debt of estate is not “claim” against decedent for probate purposes. Thomas v. Senior and Disabled Services Division, 319 Or 520, 878 P2d 1081 (1994)

      Under subsection (19) of this section, “interested person” requires that all persons listed, including heirs, have some property right or claim against estate that may be affected by proceeding, including petition to reopen estate for proper cause. Price v. Lotlikar, 285 Or App 692, 397 P3d 54 (2017)

LAW REVIEW CITATIONS: 26 WLR 279 (1990)

      111.015

COMPLETED CITATIONS: Capper v. Tarlow, 6 Or App 235, 486 P2d 1289 (1971), Sup Ct review denied

      111.095

NOTES OF DECISIONS

      Under this section, together with [former] ORS 28.040 and ORS 28.110, person seeking determination of heirship may request declaratory relief in proceeding to which all persons who have or claim any interest must be made parties. Decker v. Wiman, 288 Or 687, 607 P2d 1370 (1980)

      Probate court has authority to enter personal judgment against personal representative for willful or negligent misconduct in administration of fiduciary duties. Estate of Leda Mae Grove v. Selken, 109 Or App 668, 820 P2d 895 (1991), Sup Ct review denied

      111.105

NOTES OF DECISIONS

      On appeal from hearing on objections to final account held pursuant to ORS 115.105, matter is heard de novo. Hayes v. Bosch, 31 Or App 897, 571 P2d 1264 (1977)

      111.205

NOTES OF DECISIONS

      Party in interest was not estopped to intervene by his failure to intervene until after adverse determination of proceeding. Helgesson v. Estate of Frank, 17 Or App 133, 521 P2d 16 (1974), Sup Ct review denied

      Contract purchaser of estate’s real property was a party in interest entitled to intervene in personal representative’s proceeding seeking court approval of his contract. Helgesson v. Estate of Frank, 17 Or App 133, 521 P2d 16 (1974), Sup Ct review denied

      111.215

NOTES OF DECISIONS

      General notice by publication provision of Oregon Probate Code does not apply to declaratory judgment proceedings to determine heirship. Decker v. Wiman, 288 Or 687, 607 P2d 1370 (1980)