TITLE 12

PROBATE LAW

 

Chapter     111.     General Provisions

                  112.     Intestate Succession and Wills

                  113.     Initiation of Estate Proceedings

                  114.     Administration of Estates Generally

                  115.     Claims; Actions and Suits

                  116.     Accounting, Distribution and Closing

                  117.     Estates of Absentees

                  118.     Estate Tax

                  119.     Revised Uniform Fiduciary Access to Digital Assets Act

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Chapter 111 — General Provisions

 

2021 EDITION

 

 

GENERAL PROVISIONS

 

PROBATE LAW

 

DEFINITIONS AND APPLICATION OF PROBATE LAW

 

111.005     Definitions for probate law

 

111.015     Application of chapter 591, Oregon Laws 1969

 

111.025     Oregon Tax Court jurisdiction

 

PROBATE COURTS AND COMMISSIONERS

 

111.055     Transfer of probate jurisdiction

 

111.075     Probate jurisdiction vested

 

111.085     Probate jurisdiction described

 

111.095     Powers of probate court

 

111.105     Appeals from probate court; reexamination of issues

 

111.115     Transfer of estate proceeding from county court to circuit court

 

111.175     Appointment of probate commissioner and deputy probate commissioners

 

111.185     Powers of probate commissioner and deputy probate commissioners

 

PROBATE PROCEDURE GENERALLY

 

111.200     Applicability of Oregon Rules of Civil Procedure and Oregon Evidence Code; contested issues in probate proceedings

 

111.205     Commencement of probate proceeding; pleadings and mode of procedure; jury trial

 

111.215     Notice; method and time of giving; computation of time

 

111.218     Proof of service; proof of publication

 

111.225     Waiver of notice

 

111.235     Filing objections to petition or motion

 

111.241     Hearing

 

111.245     Proof of documents; certification

 

111.255     Translation of documents

 

111.275     Limited judgments

 

DEFINITIONS AND APPLICATION OF PROBATE LAW

 

      111.005 Definitions for 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 proceedings.

      (3) “Administration” means any proceeding relating to the estate of a decedent, whether the decedent died testate, intestate or partially intestate.

      (4) “Advancement” means a gift by a decedent to an heir or devisee with the intent that the gift satisfy in whole or in part the heir’s share of an intestate estate or the devisee’s share of a testate estate.

      (5) “Assets” includes real, personal and intangible property.

      (6) “Claim” includes liabilities of a decedent, whether arising in contract, in tort or otherwise.

      (7) “Court” or “probate court” means the court in which jurisdiction of probate matters, causes and proceedings is vested as provided in ORS 111.075.

      (8) “Decedent” means a person who has died.

      (9)(a) “Descendant” means a person who is descended from a specific ancestor and includes an adopted child and the adopted child’s descendants.

      (b) When used to refer to persons who take by intestate succession, “descendant” does not include a person who is the descendant of a living descendant.

      (10) “Devise,” when used as a noun, means property disposed of by a will.

      (11) “Devise,” when used as a verb, means to dispose of property by a will.

      (12) “Devisee” means a person designated in a will to receive a devise.

      (13) “Distributee” means a person entitled to any property of a decedent under the will of the decedent or under intestate succession.

      (14) “Domicile” means the place of abode of a person, where the person intends to remain and to which, if absent, the person intends to return.

      (15)(a) “Estate” means the real and personal property of a decedent, as from time to time changed in form by sale, reinvestment, substitutions or otherwise, augmented by any accretions or additions or diminished by any decreases or distributions.

      (b) “Estate” includes tangible and intangible personal property of a decedent domiciled in Oregon, wherever the property is situated.

      (16) “Funeral” includes the burial or other disposition of the remains of a decedent, any plot or tomb and other necessary incidents to the disposition of the remains, any memorial ceremony or other observance and related expenses.

      (17) “General devise” means a devise chargeable generally on the estate of a testator so that the devise is not distinguishable from other parts of the estate and does not constitute a specific devise.

      (18) “Heir” means any person who is or would be entitled under intestate succession to property of a person upon that person’s death.

      (19)(a) “Interested person” means any person having a property right in or claim against the estate of a decedent that may be affected by the proceeding.

      (b) “Interested person” includes a decedent’s heir, devisee, child, spouse or creditor if the heir, devisee, child, spouse or creditor has a property right in or claim against the decedent’s estate.

      (c) “Interested person” also includes a fiduciary representing a person described in paragraph (a) or (b) of this subsection.

      (20) “Intestate” means one who dies without leaving a valid will, or the circumstance of dying without leaving a valid will, effectively disposing of all the estate.

      (21) “Intestate succession” means succession to property of a decedent who dies intestate or partially intestate.

      (22) “Issue” means a descendant or descendants.

      (23) “Net estate” means the real and personal property of a decedent, except property used for the support of the surviving spouse and children and for the payment of expenses of administration, funeral expenses, claims and taxes.

      (24) “Net intestate estate” means any part of the net estate of a decedent not effectively disposed of by the will.

      (25) “Personal property” includes all property other than real property.

      (26) “Personal representative” includes executor, administrator, administrator with will annexed and administrator de bonis non, but does not include special administrator.

      (27) “Property” includes both real and personal property.

      (28) “Real property” includes all legal and equitable interests in land, in fee and for life.

      (29) “Settlement” includes, as to the estate of a decedent, the full process of administration, distribution and closing.

      (30) “Specific devise” means a devise of a specific thing or specified part of the estate of a testator that is so described as to be capable of identification. A specific devise is a gift of a part of the estate identified and differentiated from all other parts.

      (31) “Will” includes codicil and also includes a testamentary instrument that merely appoints a personal representative or that merely revokes or revives another will. [1969 c.591 §1; 2015 c.387 §31; 2016 c.42 §1; 2017 c.169 §1; 2021 c.282 §4]

 

      111.010 [Repealed by 1969 c.591 §305]

 

      111.015 Application of chapter 591, Oregon Laws 1969. 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 112.255 would make it so, but the construction of a will executed before July 1, 1970, shall be governed by the law in effect on the date of execution unless a contrary intent is established by the will. [1969 c.591 §303; 2016 c.42 §12]

 

      111.020 [Repealed by 1969 c.591 §305]

 

      111.025 Oregon Tax Court jurisdiction. 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]

 

      111.030 [Repealed by 1969 c.591 §305]

 

      111.040 [Repealed by 1969 c.591 §305]

 

      111.050 [Repealed by 1969 c.591 §305]

 

PROBATE COURTS AND COMMISSIONERS

 

      111.055 Transfer of probate jurisdiction. (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 jurisdiction, authority, powers, functions and duties of the circuit courts and the judges thereof are transferred to the county courts and the judges thereof in Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties. [1969 c.591 §2; 1995 c.658 §71]

 

      111.060 [Repealed by 1969 c.591 §305]

 

      111.065 [1969 c.591 §3; 1979 c.683 §34; repealed by 1983 c.740 §12]

 

      111.070 [Repealed by 1969 c.591 §305]

 

      111.075 Probate jurisdiction vested. 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]

 

      111.085 Probate jurisdiction described. (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 by or against personal representatives, guardians and conservators.

      (e) Administration, settlement and distribution of estates of decedents.

      (f) Construction of wills, whether incident to the administration or distribution of an estate or as a separate proceeding.

      (g) Guardianships and conservatorships, including the appointment and qualification of guardians and conservators and the administration, settlement and closing of guardianships and conservatorships.

      (h) Supervision and disciplining of personal representatives, guardians and conservators.

      (i) If a testamentary trustee vacancy occurs during a probate proceeding and the will does not name a trustee or successor trustee who is able to serve, appointment of a testamentary trustee or successor testamentary trustee.

      (2) The distributees of an estate administered in Oregon are subject to the jurisdiction of the courts of Oregon regarding any matter involving the distributees’ interests in the estate. By accepting a distribution from an estate, the distributee submits personally to the jurisdiction of the courts of this state regarding any matter involving the estate.

      (3) This section does not preclude other methods of obtaining jurisdiction over a person to whom assets are distributed from an estate. [1969 c.591 §5; 1973 c.177 §1; 2017 c.169 §2; 2021 c.282 §5]

 

      111.095 Powers of probate court. (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 equitable powers to make declaratory judgments, as provided in ORS 28.010 to 28.160, in all matters involved in the administration of an estate, including matters pertaining to the title of real property and ownership of personal property, the determination of heirship and the distribution of the estate.

      (4) A court having jurisdiction over a probate proceeding may:

      (a) Compel the attendance of, or require the response to inquiries by and production of documents subject to discovery under ORCP 36 from, any person, including a beneficiary, creditor, fiduciary or any other person who may have knowledge about the decedent’s taxes, financial affairs or property.

      (b) Exercise jurisdiction over any transaction entered into by a fiduciary to determine if a conflict of interest existed and enter an appropriate order or judgment with respect to the transaction.

      (c) Surcharge a fiduciary and any surety for any loss caused by failure of a fiduciary to perform a fiduciary duty or any other duty imposed by ORS chapter 111, 112, 113, 114, 115, 116 or 117.

      (d) Determine ownership of title for real or personal property.

      (e) Subject to ORS chapter 90, require delivery of possession of property of the decedent, including records, accounts and documents relating to that property.

      (f) Require the fiduciary to produce any and all records that might provide information about the condition of the estate’s property.

      (g) Remove a fiduciary whenever that removal is in the best interests of the interested persons of an estate.

      (h) Appoint a successor fiduciary when a fiduciary has died, resigned or been removed.

      (i) Impose any conditions and limitations upon the fiduciary that the court considers appropriate, including limitations on the duration of the appointment.

      (j) Without hearing or upon such hearing as the court may prescribe, rule on any matter concerning the administration, settlement or distribution of the estate, including the fiduciary’s authority, the court’s approval of the fiduciary’s actions or the court’s instructions to the fiduciary. [1969 c.591 §6; 1979 c.284 §102; 2016 c.42 §13; 2021 c.282 §6]

 

      111.105 Appeals from probate court; reexamination of issues. (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 jurisdiction.

      (2) Appeals from a circuit court exercising probate jurisdiction shall be taken to the Court of Appeals in the manner provided by law for appeals from the circuit court.

      (3) Appeals from a county court exercising probate jurisdiction shall be taken to the circuit court and Court of Appeals in the manner provided by ORS 5.120. [1969 c.591 §7; 1979 c.284 §103; 2021 c.282 §7]

 

      111.110 [Repealed by 1969 c.591 §305]

 

      111.115 Transfer of estate proceeding from county court to circuit court. (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 from the county court to the circuit court for the county by order of the county court.

      (3) Upon transfer of an estate proceeding from a county court to the circuit court for the county under this section:

      (a) The county clerk shall certify and cause to be filed in the records of the circuit court all original papers, records and proceedings pertaining to the estate proceeding; and

      (b) Jurisdiction over the estate proceeding vests in the circuit court as if the jurisdiction had been originally and exclusively vested in the circuit court. [1969 c.591 §8; 2016 c.42 §14; 2021 c.282 §8]

 

      111.120 [Repealed by 1969 c.591 §305]

 

      111.130 [Repealed by 1969 c.591 §305]

 

      111.140 [Repealed by 1969 c.591 §305]

 

      111.150 [Repealed by 1969 c.591 §305]

 

      111.160 [Repealed by 1969 c.591 §305]

 

      111.165 [1969 c.591 §9; repealed by 1995 c.658 §127]

 

      111.170 [Repealed by 1969 c.591 §305]

 

      111.175 Appointment of probate commissioner and deputy probate commissioners. 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 commissioner and deputy probate commissioners, subject to ORS 111.185. [1969 c.591 §10; 2016 c.42 §15]

 

      111.185 Powers of probate commissioner and deputy probate commissioners and deputy probate commissioners. (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 personal representatives, guardians and conservators;

      (b) Make and enter orders and judgments admitting wills to probate and appointing and setting the amount of the bonds of special administrators, personal representatives, guardians and conservators; and

      (c) Appoint court visitors.

      (2) Any matter presented to the probate commissioner or deputy probate commissioner may be referred to the judge of the court.

      (3) Any order or judgment made by a probate commissioner or deputy probate commissioner is subject to being set aside or modified by the judge of the court within 30 days after the date of the order or judgment.

      (4) Any interested person may object to an order or judgment of a probate commissioner or deputy probate commissioner within 30 days after the date of the order or judgment, and the judge of the court may set aside or modify the order or judgment.

      (5) Unless set aside or modified by the judge of the court, the orders and judgments of the probate commissioner or deputy probate commissioner have the same effect as if made by the judge of the court. [1969 c.591 §11; 2016 c.42 §16]

 

PROBATE PROCEDURE GENERALLY

 

      111.200 Applicability of Oregon Rules of Civil Procedure and Oregon Evidence Code; contested issues in probate proceedings. (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 115.145 (1)(b); or

      (B) A declaratory judgment action under ORS chapter 28.

      (2) Except as otherwise provided in ORS 111.205, 111.218, 112.588, 113.005, 113.105, 114.720, 115.315, 116.083 or 116.253, the Oregon Rules of Civil Procedure and the Oregon Evidence Code do not apply to probate proceedings.

      (3) Notwithstanding subsection (2) of this section:

      (a) ORCP 12 applies to any probate proceeding.

      (b) ORCP 9, 10 A, 16 B, 16 D, 17, 18, 19, 21, 22, 23, 25, 27, 29, 30, 31, 33, 34 A to F, 36 to 43, 44 A, B, D and E, 46, 47, 53, 55, 62, 64 A and C to G, 65, 67, 68, 71, 72 and 78 apply to a contested issue in a probate proceeding.

      (c) The Oregon Evidence Code applies to a contested issue in a probate proceeding.

      (4) For the purposes of applying the Oregon Rules of Civil Procedure to a contested issue in a probate proceeding:

      (a) “Plaintiff” means any party asserting a claim for relief, whether by way of petition or motion; and

      (b) “Defendant” means:

      (A) Any party against whom the claim is asserted;

      (B) Any party objecting to the petition or motion; or

      (C) If the court issues a show cause order, the party subject to the order.

      (5)(a) For the purposes of this section, an issue in a probate proceeding is contested if it is or arises from:

      (A) A petition or motion for declaratory judgment, including a will contest;

      (B) A petition to remove a court-appointed fiduciary;

      (C) A petition or motion for affirmative relief of any sort against a person;

      (D) A petition or motion to apportion the proceeds of a wrongful death settlement;

      (E) If filed by a person other than the personal representative:

      (i) A motion to increase the amount of the bond of the personal representative, or to require a new bond;

      (ii) A petition to restrict the powers of the personal representative;

      (iii) A petition to determine heirship;

      (iv) A petition for instructions; or

      (v) A petition to appoint a fiduciary other than the fiduciary nominated in the will admitted to probate;

      (F) Any other petition or motion to which another person has filed an objection; or

      (G) Any other petition, motion or show cause order determined by the court to be a contested issue in a probate proceeding.

      (b) Notwithstanding paragraph (a) of this subsection, unless otherwise determined by the court, the following are not contested issues in probate proceedings:

      (A) A petition for summary review of administration of a small estate under ORS 114.550;

      (B) A petition or motion for summary determination of a claim as provided in ORS 114.542 or 115.145 (1)(a); or

      (C) An application for an order directing payment of a claim under ORS 115.185.

      (6) Nothing in this section is intended to affect the burden of proof or standard of proof that is applied in probate proceedings. [2021 c.282 §2]

 

      111.205 Commencement of probate proceeding; pleadings and mode of procedure; jury trial. (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 exercise of jurisdiction of probate courts. All petitions, inventories, reports and accountings in a probate proceeding must be in writing and include a declaration under penalty of perjury in the form required by ORCP 1 E. The declaration must be made by at least one of the persons making the pleading or by the attorney for the person, or in the case of a business entity by an authorized agent. A declarant who is physically outside the boundaries of the United States must make an unsworn declaration under ORS 194.800 to 194.835.

      (3) Actions in a probate proceeding are not triable by a jury except as otherwise provided by law. [1969 c.591 §12; 1979 c.284 §104; 2007 c.284 §1; 2013 c.218 §13; 2017 c.169 §45; 2021 c.282 §9]

 

      111.210 [Repealed by 1969 c.591 §305]

 

      111.212 [1953 c.650 §2; repealed by 1969 c.591 §305]

 

      111.215 Notice; method and time of giving; computation of time. (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 filed and the deadline for filing those objections, if any; and

      (C) A statement that the objection must include a plain and concise statement of the basis for the objection.

      (b) The notice must be accompanied by copies of any relevant documents filed or to be filed with the court.

      (2)(a) Except as otherwise specifically provided in ORS chapter 111, 112, 113, 114, 115, 116 or 117, whenever notice is required in ORS chapter 111, 112, 113, 114, 115, 116 or 117, the petitioner or other person filing the document shall cause notice to be given to the personal representative, to each interested person whose interests may be affected by the substance of the document or the grant or denial of the requested action or relief.

      (b) If the person giving notice under this section knows that a person who is entitled to notice under paragraph (a) of this subsection is represented by a fiduciary, the notice must also be given to the person’s fiduciary.

      (c) If a person who is entitled to notice under paragraph (a) of this subsection is a minor, as that term is defined in ORS 125.005, the notice must be given to the minor’s parents and, if the minor is 14 years of age or older, to the minor.

      (d) As used in this subsection, “parent” means a parent as defined in ORS 419A.004 whose rights have not been terminated or whose rights were terminated but reinstated under ORS 419B.532.

      (3) Except as otherwise specifically provided in ORS chapter 111, 112, 113, 114, 115, 116 or 117, a notice described in subsection (1) or (2) of this section must be given in one or more of the following ways:

      (a) By first class mail to the person’s place of residence or business.

      (b) By personal delivery at the person’s place of residence or business.

      (c) If the person consents in writing to electronic notice, or if the notice is being given to the Department of Human Services or the Oregon Health Authority and the department or authority has adopted rules allowing for the department or authority to accept electronic notice, by properly directed electronic mail.

      (d) If the person has appeared by attorney or has requested that notice be sent to the person’s attorney, by mailing or delivery to the person’s attorney. If notice is given to a person’s attorney consistent with this paragraph, the person giving notice is not required to also send notice to the person.

      (e) If the place of residence or business of any person is not known or cannot be ascertained with reasonable diligence, by publishing a copy of the notice once in each of three consecutive weeks in a newspaper of general circulation in the county where the probate court sits.

      (f) Upon good cause shown any other method determined by the court to be reasonably suitable under the circumstances and likely to result in receipt of the notice, including notice by electronic mail irrespective of whether the person has consented to electronic service.

      (4)(a) Except as otherwise ordered by the court or specifically provided in ORS chapter 111, 112, 113, 114, 115, 116 or 117, the notice described in subsection (1) of this section must be given no later than 15 days before the earlier of the date for filing objections to the petition or other pleading or the date set for the hearing.

      (b) If a notice of time for filing objections or of the date set for a hearing is published as provided in subsection (3)(e) of this section, the last date of publication of the notice shall be at least 15 days before the earlier of the date for the filing of objections to the petition or motion or the date set for the hearing.

      (5) Proof of the giving of notice described in subsection (1) of this section must be made at or before the hearing, if any, and filed in the proceeding.

      (6) The time within which an act is to be done under ORS chapter 111, 112, 113, 114, 115, 116 or 117 is determined under ORS 174.120 and 174.125. [1969 c.591 §13; 2007 c.284 §8; 2017 c.169 §3; 2021 c.282 §10]

 

      111.218 Proof of service; proof of publication. (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 specifies the date of mailing or other service or may be by a separate filing.

      (3) Proof of publication required to be filed in probate court must be made in the form required by ORCP 7 F. [2007 c.284 §7; 2021 c.282 §11]

 

      111.220 [Repealed by 1957 c.411 §7]

 

      111.225 Waiver of notice. 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 litem, conservator or person or the attorney of the guardian, guardian ad litem, conservator or person and filed in the proceeding, or by the appearance of the guardian, guardian ad litem, conservator or person at the hearing. [1969 c.591 §14; 1973 c.506 §5]

 

      111.230 [Repealed by 1957 c.411 §7]

 

      111.231 [1957 c.411 §3; repealed by 1969 c.591 §305]

 

      111.235 Filing objections to petition or motion. (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 described in ORS 111.215 (2); and

      (c) Be filed on or before the final date for the filing of objections to the petition or motion.

      (3) If no objections are filed before the final date for the filing of objections to the petition or motion, or if all filed objections are withdrawn, the court may sign the proposed order or judgment without further notice. [1969 c.591 §15; 2021 c.282 §12]

 

      111.240 [Repealed by 1957 c.411 §7]

 

      111.241 Hearing. (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 hearing. [2021 c.282 §3]

 

      111.245 Proof of documents; certification. (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 the foreign jurisdiction admitting the will to probate or recognizing the validity of the will.

      (c) Of letters testamentary or letters of administration, by a certified copy of the letters. The certification may include a statement that the letters have not been revoked.

      (2) A document filed or entered in a foreign jurisdiction may be proved by a copy of the document, certified by a clerk of the court in which the document was filed or entered or by any other official having legal custody of the original document. [1969 c.591 §16; 2017 c.169 §46; 2021 c.282 §13]

 

      111.255 Translation of documents. 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 not be prejudiced because of its inaccuracy. [1969 c.591 §17; 2017 c.169 §47; 2021 c.282 §14]

 

      111.265 [1969 c.591 §18; repealed by 2021 c.282 §23]

 

      111.275 Limited judgments. (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 filed in the probate proceeding.

      (c) A decision to require delivery of possession of property of the decedent, including records, accounts or documents relating to the property.

      (d) A decision to determine ownership of title for real or personal property.

      (e) A decision on a petition or motion for support or elective share.

      (f) A decision on an objection to a final accounting.

      (g) A decision on a request made in the proceeding for a declaratory judgment under ORS 111.095.

      (h) A decision on a request for an award of expenses under ORS 116.183.

      (i) A decision on surcharge of a fiduciary or a surety.

      (j) Such decisions of the court as may be specified by rules or orders of the Chief Justice of the Supreme Court under ORS 18.028.

      (k) Any other decision that is a final determination of the rights of one or more persons.

      (2) A court may enter a limited judgment under this section only if the court determines that there is no just reason for delay. The judgment document need not reflect the court’s determination that there is no just reason for delay. [2005 c.568 §33; 2009 c.50 §1; 2016 c.42 §18; 2021 c.282 §15]

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