Chapter 113 — Initiation of Estate Proceedings
2023 EDITION
INITIATION OF ESTATE PROCEEDINGS
PROBATE LAW
113.005 Special administrators
113.007 Exceptions to bond requirement for special administrator
113.015 Venue
113.025 Proceedings commenced in more than one county
113.027 Limitation on admission of will to probate
113.035 Petition for appointment of personal representative and probate of will
113.038 Request for different method of compensation of personal representative
113.045 Information of escheat to State Treasurer
113.055 Testimony of attesting witnesses to will
113.065 Establishing foreign wills
113.075 Will contest
113.085 Preference in appointing personal representative
113.086 Approval of attorneys who are eligible to be personal representative for decedent who received Medicaid or other public assistance
113.087 Effect of accepting appointment as personal representative; notices to be sent to representative
113.092 Convicted felon as nominated personal representative
113.095 Persons not qualified to act as personal representatives
113.105 Bond for personal representative
113.115 Increasing, reducing or requiring new bond
113.125 Letters testamentary or of administration
113.135 Designation of attorney to be filed
113.145 Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority
113.155 Publication of notice to interested persons
113.165 Filing inventory and evaluation
113.175 Property discovered after inventory filed
113.185 Appraisal
113.195 Removal of personal representative
113.205 Powers of surviving personal representative
113.215 Appointment of successor personal representative
113.225 Notice to interested persons by successor personal representative
113.235 Appointment of estate administrators by State Treasurer
113.238 Requirements and prohibitions related to certain decedents who die intestate and without heirs
113.242 Authority of estate administrator
113.005 Special administrators. (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 or the remains. The petition for appointment must state the reasons for special administration and specify the property, so far as known, requiring administration, and the danger to which it is subject.
(2)(a) Except as provided in ORS 113.007, the special administrator may not act, and letters may not be issued to the special administrator, until the special administrator provides a bond to the clerk of the court. The bond must be for the security and benefit of all interested persons and must be conditioned upon the special administrator faithfully performing the duties of the position. The bond must be executed by a surety qualified under ORCP 82 D to G.
(b) The amount of the bond set by the court under this subsection must be adequate to protect interested persons. In setting the amount of the bond, the court shall consider:
(A) The nature, liquidity and apparent value of the property subject to administration.
(B) The anticipated income during administration.
(C) The probable indebtedness and taxes.
(3) The court may authorize the special administrator to:
(a) Arrange for and incur expenses for the funeral of the decedent;
(b) Incur expenses for the protection of property of the estate; and
(c) Administer property of the estate.
(4) The special administrator may not approve or reject claims of creditors or pay claims or expenses of administration or take possession of assets of the estate other than those in danger of loss, injury or deterioration pending the appointment of a personal representative.
(5) Upon the appointment and qualification of a personal representative the powers of the special administrator cease. Within 30 days after the issuance of letters testamentary or letters of administration to a personal representative, the special administrator shall make and file an account and deliver to the personal representative the assets of the estate in the possession of the special administrator. If the personal representative objects to the account of the special administrator, the court shall hear the objections, and, whether or not objections are made, shall examine the account.
(6) To the extent approved by the court, the compensation of the special administrator and expenses properly incurred by the special administrator, including a reasonable fee of the attorney of the special administrator, shall be paid as expenses of administration. [1969 c.591 §80; 1999 c.592 §1; 2016 c.42 §20; 2017 c.169 §4]
113.007 Exceptions to bond requirement for special administrator. (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 that no bond is required.
(2) Upon a request by the special administrator, the court may waive the requirement of a bond if:
(a) The request states the reasons why the waiver is requested; and
(b) The request describes the known creditors of the estate, if the special administrator will administer property of the estate.
(3) Upon a request by the special administrator, the court may waive or reduce the requirement of a bond if the court orders the special administrator to provide written confirmation from a financial institution that property of the estate is held by the financial institution subject to withdrawal only on order of the court. [2017 c.169 §6]
113.010 [Repealed by 1969 c.591 §305]
113.015 Venue. (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 the decedent was located at the time of death or is located at the time the proceeding is commenced;
(c) In the county in which the decedent died; or
(d) In the county where a personal injury claim or wrongful death claim, as those terms are defined in ORS 114.441, could be maintained.
(2) Filing a proceeding in a county other than specified in subsection (1) of this section does not constitute a jurisdictional defect. [1969 c.591 §81; 2019 c.166 §12]
113.020 [Repealed by 1969 c.591 §305]
113.025 Proceedings commenced in more than one county. (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 of venue. A proceeding is considered commenced by the filing of a petition. In determining venue, if the court finds that transfer to another county where a proceeding has been commenced is for the best interest of the estate, it may in its discretion order such transfer.
(2) When the court enters an order transferring the proceeding to another county, the clerk of the court shall notify the court for the other county of the order, and the court for the other county has exclusive jurisdiction of the proceeding to the same extent and with like effect as though the proceeding were in the court on original jurisdiction. [1969 c.591 §82; 2017 c.252 §12]
113.027 Limitation on admission of will to probate. 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]
113.030 [Amended by 1963 c.308 §1; repealed by 1969 c.591 §305]
113.035 Petition for appointment of personal representative and probate of will. 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, domicile, post-office address and date and place of death of the decedent.
(2) Whether the decedent died testate or intestate.
(3) The facts relied upon to establish venue.
(4) The name and post-office address of the person nominated as personal representative and the facts that show the person is qualified to act.
(5) The names, relationship to the decedent and post-office addresses of persons who are or would be the heirs of the decedent upon the death of the decedent intestate, and the ages of any who are minors.
(6) A statement that reasonable efforts have been made to identify and locate all heirs of the decedent. If the petitioner knows of any actual or possible omissions from the list of heirs, the petition must include a statement indicating that there are omissions from the information relating to heirs.
(7) If the decedent died testate, the names and post-office addresses of the devisees, and the ages of any who are minors. If the will devises property to a person who did not survive the decedent or who is otherwise not entitled to receive the devise, the petition must include a statement explaining why the devise failed. If the petitioner knows of any actual or possible omissions from the list of devisees, the petition must include a statement indicating that there are omissions from the information relating to devisees.
(8) The name and post-office address of any person asserting an interest in the estate, or on whose behalf an interest has been asserted, based on a contention that:
(a) The will alleged in the petition to be the will of the decedent is ineffective in whole or part;
(b) There exists a will that has not been alleged in the petition to be the will of the decedent; or
(c) The decedent agreed, promised or represented that the decedent would make or revoke a will or devise, or not revoke a will or devise, or die intestate.
(9) The name and post-office address of any person asserting an interest in the estate, or on whose behalf an interest has been asserted, based on a contention that a parent of the decedent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent, as provided by ORS 112.047.
(10) Whether the original of the last will of the decedent is in the possession of the court or accompanies the petition. If the original will is not in the possession of the court or accompanying the petition and an authenticated copy of the will probated in another jurisdiction does not accompany the petition, the petition shall also state the contents of the will and indicate that it is lost, destroyed or otherwise unavailable and that it was not revoked.
(11) A statement of the extent and nature of assets of the estate, if any, to enable the court to set the amount of bond of the personal representative.
(12) If the petition states that no assets of the estate are known to the petitioner under subsection (11) of this section and the petition is not filed under ORS 114.453, a statement of the purpose for filing the petition.
(13) If the petition is filed under ORS 114.453, a statement that the petitioner is filing the petition for the sole purpose of pursuing a wrongful death claim, and the other information required under ORS 114.453. [1969 c.591 §83; 1973 c.506 §19; 1991 c.704 §1; 2003 c.395 §10; 2005 c.741 §4; 2017 c.169 §7; 2019 c.414 §§1,1a]
113.038 Request for different method of compensation of personal representative. (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 showing that the compensation calculated under ORS 116.173 (3) would be inadequate to compensate the personal representative for the reasonable value of the personal representative’s services. The court may grant the request if the court finds that compensation as provided in ORS 116.173 (3) would be inadequate.
(2) If the petition includes a request for a different method of compensation under this section:
(a) The petitioner shall give notice and a copy of the petition to the distributees of the estate, the Department of Human Services and the Oregon Health Authority. The notice shall allow 20 days for filing objections to the petition unless the court allows a different time.
(b) A judgment appointing a personal representative under ORS 113.035 may not be entered until the court has held a hearing on the petition including the request or the time for filing objections to the petition has expired without an objection being filed.
(3) If the court allows the petitioner’s request for a different method of compensation under this section, the personal representative may, at any time prior to or at the time of the filing of the final account or the statement in lieu of the final account under ORS 116.083, elect to be compensated as provided in ORS 116.173 (3).
(4) Failure by the department, the authority or a distributee to object to a request for a different method of compensation under this section does not preclude the department, the authority or a distributee from objecting to the amount of the personal representative’s compensation set forth in the final account filed under ORS 116.083 on the basis that the compensation exceeds the reasonable value of the services actually provided by the personal representative. [2017 c.169 §9]
113.040 [Amended by 1963 c.308 §2; repealed by 1969 c.591 §305]
113.045 Information of escheat to State Treasurer. (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 decedent. The personal representative shall file proof of the delivery or mailing with the court.
(2) If at any time after the appointment of a personal representative it appears that any heir or devisee of the decedent cannot be identified and found, the personal representative shall promptly deliver or mail to the State Treasurer a notice indicating that an heir or devisee cannot be identified and found. The personal representative shall file proof of the delivery or mailing with the court.
(3) This section does not affect the requirements of ORS 113.085 (3). [1969 c.591 §84; 2003 c.395 §11; 2007 c.284 §9; 2017 c.169 §10; 2019 c.678 §32]
113.050 [Amended by 1963 c.272 §1; repealed by 1969 c.591 §305]
113.055 Testimony of attesting witnesses to will. (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 a photographic or other facsimile copy of the will and may identify the signature of the testator and witnesses to the will by use of the will or the copy. The affidavit shall be received in evidence by the court and have the same weight as to matters contained in the affidavit as if the testimony were given by the witness in open court. The affidavit of the attesting witness may be made at or after the time of execution of the will.
(2) However, upon motion of any person interested in the estate filed within 30 days from the date the personal representative first delivers or mails information under ORS 113.145 (1), the court may require that the witness making the affidavit be brought before the court. If the witness is outside the reach of a subpoena, the court may order that the deposition of the witness be taken.
(3) If the evidence of none of the attesting witnesses is available, the court may allow proof of the will by testimony or other evidence that the signature of the testator or at least one of the witnesses is genuine.
(4) In the event of contest of the will or of probate of the will in solemn form, proof of any facts shall be made in the same manner as in an action tried without a jury. [1969 c.591 §85; 1979 c.284 §105; 2017 c.169 §11]
113.060 [Amended by 1963 c.271 §1; repealed by 1969 c.591 §305]
113.065 Establishing foreign wills. (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 or evidencing its establishment in the jurisdiction where the testator died domiciled.
(2) A will offered for probate under this section may be contested for a cause that would be grounds for rejection of a will of a testator who died domiciled in this state. [1969 c.591 §86; 2017 c.169 §49]
113.070 [Repealed by 1969 c.591 §305]
113.075 Will contest. (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 will that has not been alleged in the petition to be the will of the decedent; or
(c) The decedent agreed, promised or represented that the decedent would make or revoke a will or devise, or not revoke a will or devise, or die intestate.
(2) An action described in subsection (1) of this section must be commenced by the filing of a petition in the probate proceedings, except that an action described in subsection (1)(c) of this section may be commenced by the filing of a separate action in any court of competent jurisdiction.
(3) An action described in subsection (1) of this section must be commenced before the later of:
(a) Four months after the date of delivery or mailing of the information described in ORS 113.145 if that information was required to be delivered or mailed to the person on whose behalf the action under subsection (1) of this section is filed; or
(b) Four months after the date of publication of notice to interested persons if the person on whose behalf the action under subsection (1) of this section is filed was not required to be named in the petition for probate as an interested person.
(4)(a) A person who commences an action under subsection (1) of this section shall give notice of the action to heirs and devisees identified in the petition for probate or amended petition for probate, and to the State Treasurer if the personal representative has delivered or mailed information to the State Treasurer under ORS 113.045.
(b) If any devisee under the contested will is a charitable trust as described in ORS 130.170, a public benefit corporation as defined in ORS 65.001 or a religious organization, a person who commences an action under subsection (1) of this section shall give notice to the Attorney General of the action.
(5) A cause of action described in subsection (1)(c) of this section may not be presented as a claim under ORS chapter 115. [1969 c.591 §87; 1973 c.506 §23; 1991 c.704 §2; 2017 c.169 §12; 2019 c.678 §33; 2023 c.18 §5]
Note: Section 11, chapter 18, Oregon Laws 2023, provides:
Sec. 11. The amendments to statutes by sections 1 to 10 of this 2023 Act apply to probate proceedings commenced on or after the effective date of this 2023 Act [January 1, 2024]. [2023 c.18 §11]
113.080 [Repealed by 1969 c.591 §305]
113.085 Preference in appointing personal representative. (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 preference in the following order:
(a) The personal representative named in the will.
(b) If the surviving spouse of the decedent is a distributee of the estate, the surviving spouse of the decedent or the nominee of the surviving spouse of the decedent.
(c) If the person is a distributee of the estate, a person who would be entitled to property of the decedent under intestate succession.
(d) Any other distributee of the estate.
(e) The Director of Human Services or the Director of the Oregon Health Authority, or an attorney approved under ORS 113.086, if the decedent received public assistance as defined in ORS 411.010, received medical assistance as defined in ORS 414.025 or received care at an institution described in ORS 179.321 (1) and it appears that the assistance or the cost of care may be recovered from the estate of the decedent.
(f) The Department of Veterans’ Affairs, if the decedent was a protected person under ORS 406.050 (10) and the department has joined in the petition for such appointment.
(g) Any other person.
(2) Before the court appoints a personal representative under subsection (1)(b) to (g) of this section, the court may require the petitioner to make a reasonable attempt to notify persons of higher priority than the proposed personal representative under subsection (1)(b) to (g) of this section.
(3) Except as provided in subsection (4) of this section, the court shall appoint the State Treasurer as personal representative if it appears that the decedent died wholly intestate and without known heirs. The Attorney General shall represent the State Treasurer in the administration of the estate. The State Treasurer shall deposit any funds received by the State Treasurer in the capacity of personal representative in accounts, separate and distinct from the General Fund, established in the State Treasury. Interest earned by such account shall be credited to that account.
(4) The court may appoint a person other than the State Treasurer to administer the estate of a decedent who died wholly intestate and without known heirs if the person filing a petition under ORS 113.035 attaches written authorization from the State Treasurer approving the filing of the petition by the person. Except as provided by rule adopted by the State Treasurer, the State Treasurer may consent to the appointment of another person to act as personal representative only if it appears after investigation that the estate is insolvent. [1969 c.591 §88; 1971 c.421 §1; 1971 c.675 §1; 1973 c.370 §1; 1987 c.158 §17a; 1987 c.425 §1; 1989 c.966 §2; 1995 c.106 §2; 2001 c.102 §3; 2001 c.900 §15; 2003 c.395 §12; 2005 c.381 §20; 2005 c.625 §56; 2009 c.595 §76; 2009 c.602 §2; 2009 c.828 §7; 2011 c.720 §57; 2013 c.36 §33; 2013 c.688 §14; 2015 c.381 §5; 2017 c.169 §13; 2019 c.678 §34]
113.086 Approval of attorneys who are eligible to be personal representative for decedent who received Medicaid or other public assistance. 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 113.085 if the decedent received public assistance as defined in ORS 411.010, received medical assistance as defined in ORS 414.025 or received care at an institution as defined in ORS 179.010, and it appears that the assistance or the cost of care may be recovered from the estate of the decedent. An attorney approved under this section does not represent the Director of Human Services or the Director of the Oregon Health Authority when appointed as a personal representative. [2009 c.262 §2; 2009 c.828 §6; 2013 c.688 §15]
113.087 Effect of accepting appointment as personal representative; notices to be sent to representative. (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 shall be delivered to the personal representative or mailed to the personal representative by ordinary first class mail at the address as listed in the petition for appointment or as thereafter reported to the court. If the personal representative has an address different from that listed in the petition or reported to the court, the person giving the notice shall also mail the notice to that address if it is known to the person. [1973 c.506 §22]
113.090 [Amended by 1969 c.591 §79; renumbered 112.695]
113.092 Convicted felon as nominated personal representative. (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 are substantially similar to facts which would constitute grounds for removal of a personal representative under ORS 113.195 (2), and the court has reasonable grounds to believe that such person will be unfaithful to or neglectful of the trust.
(2) A nominee who fails to inform the court of a felony conviction may be disqualified from acting as personal representative. A personal representative who so fails to inform the court may be removed. [1975 c.781 §8]
113.095 Persons not qualified to act as personal representatives. 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 suspension or disbarment.
(4) A person who has resigned from the Oregon State Bar when charges of professional misconduct are under investigation or when disciplinary proceedings are pending against the person, until the person is reinstated.
(5) A licensed funeral service practitioner unless the decedent was:
(a) A relative of the licensed funeral service practitioner; or
(b) A licensed funeral service practitioner who was a partner, employee or employer in the practice of the licensed funeral service practitioner who is petitioning for appointment as personal representative. [1969 c.591 §89; 1973 c.308 §1; 1973 c.506 §24; 1975 c.781 §6; 1993 c.287 §1; 2001 c.779 §11; 2003 c.14 §43; 2017 c.169 §14]
113.105 Bond for personal representative. (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. The bond must be for the security and benefit of all interested persons and must be conditioned upon the personal representative faithfully performing the duties of the position. The bond must be executed by a surety qualified under ORCP 82 D to G.
(b) The amount of the bond set by the court under this subsection must be adequate to protect interested persons. In setting the amount of the bond, the court shall consider:
(A) The nature, liquidity and apparent value of the assets of the estate.
(B) The anticipated income during administration.
(C) The probable indebtedness and taxes.
(2) Subsection (1) of this section does not apply if:
(a) The will provides that no bond is required, but the court may, for good cause, require a bond notwithstanding any provision in a will that no bond is required;
(b) The personal representative is the sole heir or devisee, but the court may, for good cause, require a bond notwithstanding the fact that the personal representative is the sole heir or devisee;
(c) The personal representative is the State Treasurer, the Department of Veterans’ Affairs, the Director of Human Services, the Director of the Oregon Health Authority or a person approved under ORS 113.085 or 113.086; or
(d) The petition for appointment of the personal representative states that no assets of the estate are known to the petitioner.
(3) If no bond was required under subsection (2)(d) of this section and assets of the estate later come into the possession or knowledge of the personal representative, the personal representative shall, within 30 days after filing the inventory or supplemental inventory first showing assets of the estate, file a motion to set or waive the bond as provided in this section.
(4) Upon a request by the personal representative, the court may waive the requirement of a bond if:
(a) The request states the reasons why the waiver is requested; and
(b) The request describes the known creditors of the estate.
(5) The court may waive or reduce the requirement of a bond to the extent that:
(a) The personal representative provides written confirmation from a financial institution that property of the estate is held by the financial institution subject to withdrawal only on order of the court; or
(b) The court restricts the sale, encumbrance or other disposition of property of the estate without prior court approval.
(6) Nothing in this section affects the provisions of ORS 709.240, relating to a trust company acting as personal representative. [1969 c.591 §90; 1971 c.421 §2; 1973 c.369 §1; 1973 c.797 §425; 1989 c.682 §1; 2001 c.900 §16; 2003 c.395 §13; 2005 c.625 §72; 2009 c.595 §77; 2009 c.828 §8; 2017 c.169 §15; 2019 c.414 §2; 2019 c.678 §35]
113.110 [Repealed by 1969 c.591 §305]
113.115 Increasing, reducing or requiring new bond. 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 pursuant to ORS 33.510 and 33.520. [1969 c.591 §91]
113.120 [Repealed by 1969 c.591 §305]
113.125 Letters testamentary or of administration. (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 reflect any conditions or limitations imposed by the court on the fiduciary.
(3) Letters testamentary may be in the following form:
______________________________________________________________________________
LETTERS TESTAMENTARY
No. _______________
THIS CERTIFIES that the will of _______________, deceased, has been proved and _______________ has (have) been appointed and is (are) at the date hereof the duly appointed, qualified and acting _____________________ (Personal Representative(s) with the Will Annexed) of the will and estate of the decedent.
IN WITNESS WHEREOF, I, as Clerk of the Circuit Court of the State of Oregon for the County of _______________, in which proceedings for administration upon the estate are pending, subscribe my name and affix the seal of the court this ___ day of ______, 2__.
______________ Clerk of the Court
By __________________ Deputy
(Seal)
______________________________________________________________________________
(4) Letters of administration may be in the following form:
______________________________________________________________________________
LETTERS OF ADMINISTRATION
No. ____________
THIS CERTIFIES that _____ has (have) been appointed and is (are) at the date hereof the duly appointed, qualified and acting personal representative(s) of the estate of _____, deceased, and that no will of the decedent has been proved in this court.
IN WITNESS WHEREOF, I, as Clerk of the Circuit Court of the State of Oregon for the County of _____, in which proceedings for administration upon the estate are pending, subscribe my name and affix the seal of the court this ___ day of _____, 2__.
______________ Clerk of the Court
By __________________ Deputy
(Seal)
______________________________________________________________________________ [1969 c.591 §92; 2017 c.169 §16; 2021 c.282 §16]
113.130 [Repealed by 1969 c.591 §305]
113.135 Designation of attorney to be filed. 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 in the petition or the order appointing the personal representative. [1969 c.591 §93]
113.140 [Repealed by 1969 c.591 §305]
113.145 Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority. (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, information that must include:
(a) The title of the court in which the estate proceeding is pending and the clerk’s file number;
(b) The name of the decedent and the place and date of the death of the decedent;
(c) Whether or not a will of the decedent has been admitted to probate;
(d) The name and address of the personal representative and the attorney of the personal representative;
(e) The date of the appointment of the personal representative;
(f) A statement advising the devisee, heir or other interested person that the rights of the devisee, heir or other interested person may be affected by the proceeding and that additional information may be obtained from the records of the court, the personal representative or the attorney for the personal representative;
(g) If information under this section is required to be delivered or mailed to a person described in ORS 113.035 (8), a statement that the rights of the person in the estate may be barred unless the person proceeds as provided in ORS 113.075 within four months of the delivery or mailing of the information; and
(h) If information under this section is required to be delivered or mailed to a person described in ORS 113.035 (9), a statement that the rights of the person in the estate may be barred unless the person proceeds as provided in ORS 112.049 within four months of the delivery or mailing of the information.
(2) If the personal representative is a devisee, heir or other interested person named in the petition the personal representative is not required to deliver or mail the information under this section to the personal representative.
(3) The failure of the personal representative to give information under this section is a breach of duty to the persons concerned, but does not affect the validity of the personal representative’s appointment, duties or powers or the exercise of duties or powers.
(4) Within 30 days after the date of appointment a personal representative shall cause to be filed in the estate proceeding proof of the delivery or mailing required by this section or a waiver of notice as provided under ORS 111.225. The proof must include a copy of the information delivered or mailed and the names of the persons to whom it was delivered or mailed.
(5) If before the filing of the final account the personal representative has actual knowledge that the petition did not include the name and address of any person described in ORS 113.035 (4), (5), (7), (8) or (9), the personal representative shall:
(a) Make reasonable efforts under the circumstances to ascertain each of those names and addresses;
(b) Promptly deliver or mail information specified in subsection (1) of this section to each of those persons located after the filing of the petition and before the filing of the final account; and
(c) File in the estate proceeding, on or before filing the final account under ORS 116.083, proof of compliance with this subsection or a waiver of notice as provided under ORS 111.225.
(6) Within 30 days after the appointment of a personal representative, the personal representative must mail or deliver the information specified in subsection (1) of this section and a copy of the death record of the decedent to the Department of Human Services and the Oregon Health Authority or as otherwise provided by rule adopted by the department and the authority. [1969 c.591 §94; 1973 c.506 §25; 1991 c.704 §3; 2001 c.620 §1; 2003 c.14 §44; 2003 c.395 §26; 2005 c.741 §5; 2007 c.284 §10; 2009 c.595 §78; 2011 c.720 §58; 2013 c.366 §59; 2017 c.169 §50]
113.150 [Repealed by 1969 c.591 §305]
113.155 Publication of notice to interested persons. (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 published in the county in which the estate proceeding is pending, a newspaper designated by the court.
(2) The notice shall include:
(a) The title of the court in which the estate proceeding is pending;
(b) The name of the decedent;
(c) The name of the personal representative and the address at which claims are to be presented;
(d) A statement requiring all persons having claims against the estate to present them, within four months after the date of publication of the notice to the personal representative at the address designated in the notice for the presentation of claims or they may be barred;
(e) The date of publication of the notice; and
(f) A statement advising all persons whose rights may be affected by the proceeding that additional information may be obtained from the records of the court, the personal representative or the attorney for the personal representative.
(3) The failure of the personal representative to cause a notice to be published under this section is a breach of duty to the persons concerned, but does not affect the validity of appointment, duties or powers or the exercise of duties or powers.
(4) A personal representative shall file in the estate proceeding proof of the publication of notice required by this section. The proof shall include a copy of the published notice.
(5)(a) This section does not apply if the petition for appointment of the personal representative states that no assets of the estate are known to the petitioner and no assets of the estate have come into the possession or knowledge of the personal representative.
(b) If the petition for appointment of the personal representative states that no assets of the estate are known to the petitioner and assets of the estate later come into the possession or knowledge of the personal representative, the personal representative shall, within 30 days after the filing of the inventory or supplemental inventory first showing assets of the estate, commence publication of notice to interested persons as provided in this section. [1969 c.591 §95; 1973 c.506 §26; 2007 c.284 §11; 2019 c.414 §3; 2023 c.18 §1]
113.160 [Repealed by 1969 c.591 §305]
113.165 Filing inventory and evaluation. 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 inventory shall show the estimates by the personal representative of the respective fair market values as of the date of the death of the decedent of the properties described in the inventory. If no property of the estate has come into the possession or knowledge of the personal representative, the personal representative shall file an inventory stating that no property of the estate has come into the possession or knowledge of the personal representative. [1969 c.591 §96; 1987 c.586 §27; 1991 c.191 §2; 2017 c.169 §17; 2019 c.414 §4]
113.175 Property discovered after inventory filed. (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 possession or knowledge, or include the property in the next accounting.
(2) If the inventory states that no assets of the estate are known to the petitioner and assets of the estate later come into the possession or knowledge of the personal representative, the personal representative shall file in the estate proceeding a supplemental inventory within 30 days after receiving possession or knowledge of the assets. [1969 c.591 §97; 2019 c.414 §5]
113.185 Appraisal. (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 kinds of property.
(2) The court in its discretion may direct that all or any part of the property of the estate be appraised by one or more appraisers appointed by the court.
(3) An appraisal under this section must be in writing and must be signed by the appraiser making it.
(4) Each appraiser is entitled to be paid a reasonable fee from the estate for services and to be reimbursed from the estate for necessary expenses. [1969 c.591 §98; 2017 c.169 §18]
113.195 Removal of personal representative. (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 may remove the personal representative.
(3) When a personal representative has failed to comply with ORS 113.092, the court may remove the personal representative.
(4) For other good cause shown, the court may remove the personal representative.
(5) When grounds for removal of a personal representative appear to exist, the court, on its own motion or on the petition of any interested person, shall order the personal representative to appear and show cause why the personal representative should not be removed. A copy of the order to show cause and of the petition, if any, shall be served upon the personal representative and upon the surety of the personal representative as provided in ORS 111.215. [1969 c.591 §99; 1975 c.781 §9; 2017 c.169 §19]
113.205 Powers of surviving personal representative. (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, those appointed may exercise all the powers incident to the office, unless the will provides otherwise. [1969 c.591 §100; 2017 c.169 §20]
113.210 [Repealed by 1969 c.591 §305]
113.215 Appointment of successor personal representative. (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, the court shall appoint another personal representative in place of the personal representative.
(2) If, after a will has been proven and letters testamentary or letters of administration have been issued, the will is set aside, declared void or inoperative, the letters testamentary or letters of administration shall be revoked and letters of administration issued.
(3) If, after administration has been granted, a will of the decedent is found and proven, the letters of administration shall be revoked and letters testamentary or letters of administration shall be issued.
(4) When a successor personal representative is appointed, the successor has all the rights and powers of the predecessor or of the personal representative named in the will, except that the successor may not exercise powers given in the will that by its terms are personal to the personal representative named in the will. [1969 c.591 §101; 2017 c.169 §21]
113.220 [Repealed by 1969 c.591 §305]
113.225 Notice to interested persons by successor personal representative. (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 notice to interested persons to be published as if the successor were the original personal representative. The republished notice shall state:
(a) That the original personal representative died, was removed by the court or resigned.
(b) The date of death, removal or resignation and the date of appointment of the new personal representative.
(c) That all persons having claims against the estate shall present the claims to the new personal representative as provided in ORS 115.005 within four months after the date of publication of the republished notice, or the claims may be barred.
(2) Notice by the successor personal representative is not required under subsection (1) of this section if the original personal representative dies, is removed by the court, or resigns after the expiration of four months from the date of publication of the notice to interested persons. [1969 c.591 §102; 1977 c.187 §1; 2017 c.169 §22; 2023 c.18 §6]
Note: See note under 113.075.
113.230 [Repealed by 1969 c.591 §305]
113.235 Appointment of estate administrators by State Treasurer. 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 §36]
113.238 Requirements and prohibitions related to certain decedents who die intestate and without heirs. (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.
(2) Except as provided by ORS 708A.430 and 723.466, a person may not dispose of or diminish any assets of the estate of a decedent who has died wholly intestate, who owned property subject to probate in Oregon and who died without a known heir unless the person has prior written approval of the State Treasurer. The prohibition of this subsection:
(a) Applies to a guardian or conservator for the decedent; and
(b) Does not apply to a personal representative appointed under ORS 113.085 (4) or to an affiant authorized under ORS 114.520 to file a simple estate affidavit under ORS 114.515.
(3) For purposes of this section, a known heir is an heir who has been identified and found. [2003 c.395 §8; 2009 c.541 §3; 2017 c.169 §23; 2019 c.165 §23; 2019 c.678 §37; 2023 c.17 §8]
113.240 [Repealed by 1969 c.591 §305]
113.242 Authority of estate administrator. (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 known heir as described in ORS 113.238 (3); or
(b) The decedent left a valid will, but no devisee has been identified and found.
(2) For any estate described in subsection (1) of this section, an estate administrator of the State Treasurer appointed under ORS 113.235 may:
(a) Incur expenses for the funeral of the decedent in a manner suitable to the condition in life of the decedent;
(b) Incur expenses for the protection of the property of the estate;
(c) Incur expenses searching for a will or for heirs or devisees of the decedent;
(d) Have access to the property and records of the decedent other than records that are made confidential or privileged by statute;
(e) With proof of the death of the decedent, have access to all financial records of accounts or safe deposit boxes of the decedent at banks or other financial institutions; and
(f) Sell perishable property of the estate.
(3) The reasonable funeral and administrative expenses of the State Treasurer incurred under this section, including a reasonable attorney fee, shall be paid from the assets of the estate with the same priority as funeral and administration expenses under ORS 115.125. [2003 c.395 §9; 2016 c.42 §21; 2017 c.169 §51; 2019 c.678 §38]
113.250 [Repealed by 1969 c.591 §305]
113.260 [Repealed by 1969 c.591 §305]
113.270 [Repealed by 1969 c.591 §305]
113.280 [Repealed by 1969 c.591 §305]
113.290 [Amended by 1953 c.601 §1; repealed by 1969 c.591 §305]
113.410 [Repealed by 1969 c.591 §305]
113.420 [Repealed by 1969 c.591 §305]
113.430 [Repealed by 1969 c.591 §305]
113.440 [Repealed by 1969 c.591 §305]
113.450 [Repealed by 1969 c.591 §305]
113.510 [Repealed by 1969 c.591 §305]
113.520 [Repealed by 1969 c.591 §305]
113.530 [Repealed by 1969 c.591 §305]
113.540 [Repealed by 1969 c.591 §305]
113.610 [Repealed by 1969 c.591 §305]
113.620 [Repealed by 1969 c.591 §305]
113.630 [Repealed by 1969 c.591 §305]
113.640 [Repealed by 1969 c.591 §305]
113.650 [Repealed by 1969 c.591 §305]
113.660 [Repealed by 1969 c.591 §305]
113.670 [Repealed by 1969 c.591 §305]
113.680 [Repealed by 1969 c.591 §305]
113.690 [Repealed by 1969 c.591 §305]
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