2007 Oregon Code - Chapter 113 :: Chapter 113 - Initiation of Estate Proceedings
Chapter 113 —
Initiation of Estate Proceedings
2007 EDITION
INITIATION OF ESTATE PROCEEDINGS
PROBATE LAW
113.005Â Â Â Â Special
administrators
113.015Â Â Â Â Venue
113.025Â Â Â Â Proceedings
commenced in more than one county
113.027Â Â Â Â Limitation
on admission of will to probate
113.035Â Â Â Â Petition
for appointment of personal representative and probate of will
113.045Â Â Â Â Information
of escheat to Department of State Lands
113.055Â Â Â Â Testimony
of attesting witnesses to will
113.065Â Â Â Â Establishing
foreign wills
113.075Â Â Â Â Contest
of will
113.085Â Â Â Â Preference
in appointing personal representative
113.087Â Â Â Â Effect
of accepting appointment as personal representative; notices to be sent to
representative
113.092Â Â Â Â Convicted
felon as nominated personal representative
113.095Â Â Â Â Persons
not qualified to act as personal representatives
113.105Â Â Â Â Necessity
and amount of bond; exceptions; bond notwithstanding will
113.115Â Â Â Â Increasing,
reducing or requiring new bond
113.125Â Â Â Â Letters
testamentary or of administration
113.135Â Â Â Â Designation
of attorney to be filed
113.145Â Â Â Â Information
to devisees, heirs, interested persons and Department of Human Services
113.155Â Â Â Â Publication
of notice to interested persons
113.165Â Â Â Â Filing
inventory and evaluation
113.175Â Â Â Â Property
discovered after inventory filed
113.185Â Â Â Â Appraisement;
employment and appointment of appraisers
113.195Â Â Â Â Removal
of personal representative
113.205Â Â Â Â Powers
of surviving personal representative
113.215Â Â Â Â Appointment
of successor personal representative
113.225Â Â Â Â Notice
to interested persons by successor personal representative
113.235Â Â Â Â Appointment
of estate administrators by Director of Department of State Lands
113.238Â Â Â Â Requirements
and prohibitions related to certain decedents who die intestate and without
heirs
113.242Â Â Â Â 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 shall 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) The special administrator shall
qualify by filing a bond in the amount set by the court, conditioned upon the
special administrator faithfully performing the duties of the trust.
     (3) The special administrator may:
     (a) Incur expenses for the funeral, burial
or other disposition of the remains of 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; and
     (c) Sell perishable property of the
estate, whether or not listed in the petition, if necessary to prevent loss to
the estate.
     (4) The special administrator shall 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 shall
cease. Within 30 days after the issuance of letters testamentary 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]
     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; or
     (c) In the county in which the decedent
died.
     (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]
     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) If the proper venue is determined to
be in another county, the clerk of the court shall transmit to the clerk of the
court for the other county a transcript of the proceeding with all the original
papers filed therein, and the court for the other county thereupon 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]
     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
     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 executor named in
the will may petition for the appointment of a personal representative and for
the probate of a will. The petition shall include the following information, so
far as known:
     (1) The name, age, domicile, post-office
address, date and place of death, and Social Security account number or
taxpayer identification number 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, to enable the court to set the amount of bond of the
personal representative. [1969 c.591 §83; 1973 c.506 §19; 1991 c.704 §1; 2003
c.395 §10; 2005 c.741 §4]
     113.040 [Amended by 1963 c.308 §2; repealed by 1969
c.591 §305]
     113.045
Information of escheat to Department of State Lands. (1) Upon appointment, a personal
representative shall deliver or mail to an estate administrator of the
Department of State Lands appointed under ORS 113.235 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 an estate administrator of the Department of State
Lands appointed under ORS 113.235 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 (2). [1969 c.591 §84; 2003 c.395 §11; 2007 c.284 §9]
     Note: Section 27 (3), chapter 395, Oregon Laws
2003, provides:
     Sec.
27. (3) ORS 113.045 (1), as
created by the amendments to ORS 113.045 by section 11 of this 2003 Act, applies
only to personal representatives appointed on or after the effective date of
this 2003 Act [January 1, 2004]. ORS 113.045 (2), as created by the amendments
to ORS 113.045 by section 11 of this 2003 Act, applies to all personal
representatives, whether appointed before, on or after the effective date of
this 2003 Act. [2003 c.395 §27(3)]
     Note: Section 15, chapter 284, Oregon Laws 2007,
provides:
     Sec.
15. Section 7 of this 2007
Act [111.218] and the amendments to ORS 111.215, 113.045, 113.145, 113.155, 115.003,
116.093 and 117.015 by sections 8 to 14 of this 2007 Act apply only to proofs
filed in probate court on or after the effective date of this 2007 Act [January
1, 2008]. [2007 c.284 §15]
     113.050 [Amended by 1963 c.272 §1; repealed by 1969
c.591 §305]
     113.055
Testimony of attesting witnesses to will. (1) Upon an ex parte hearing 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 the time of execution of the will or at any time thereafter.
     (2) However, upon motion of any person
interested in the estate filed within 30 days after the order admitting the
will to probate is made, 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 thereof 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]
     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 therefor, 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 which would be grounds for rejection of a
will of a testator who died domiciled in this state. [1969 c.591 §86]
     113.070 [Repealed by 1969 c.591 §305]
     113.075
Contest of will. (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 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 shall 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 shall 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 petition
is filed; or
     (b) Four months after the first
publication of notice to interested persons if the person on whose behalf the
petition is filed was not required to be named in the petition as an interested
person.
     (4) A cause of action described in
subsection (1)(c) of this section shall not be presented as a claim under ORS
chapter 115. [1969 c.591 §87; 1973 c.506 §23; 1991 c.704 §2]
     113.080 [Repealed by 1969 c.591 §305]
     113.085
Preference in appointing personal representative. (1) Except as provided in subsection (2) of
this section, upon the filing of the petition, if there is no will or there is
a will and it has been proved, the court shall appoint a qualified person it
finds suitable as personal representative, giving preference in the following
order:
     (a) To the executor named in the will.
     (b) To the surviving spouse of the
decedent or the nominee of the surviving spouse of the decedent.
     (c) To the nearest of kin of the decedent
or the nominee of the nearest of kin of the decedent.
     (d) To the Director of Human Services or a
designee, if it appears the decedent received public assistance pursuant to ORS
chapter 411 or 414 and that such assistance is a claim against the estate.
     (e) To the Department of Veterans’
Affairs, if the decedent was a protected person under ORS 406.050 (7), and the
department has joined in the petition for such appointment.
     (f) To any other person.
     (2) Except as provided in subsection (3)
of this section, the court shall appoint the Department of State Lands as
personal representative if it appears that the decedent died wholly intestate
and without known heirs. The Attorney General shall represent the Department of
State Lands in the administration of the estate. Any funds received by the
Department of State Lands in the capacity of personal representative may be
deposited in accounts, separate and distinct from the General Fund, established
with the State Treasurer. Interest earned by such account shall be credited to
that account.
     (3) The court may appoint a person other
than the Department of State Lands 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 an estate administrator
of the Department of State Lands appointed under ORS 113.235 approving the
filing of the petition by the person. Except as provided by rule adopted by the
Director of the Department of State Lands, an estate administrator 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]
     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) An incompetent.
     (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]
     113.105
Necessity and amount of bond; exceptions; bond notwithstanding will. (1) Unless a testator provides in a will
that no bond shall be required of the executor of the estate, or unless the
personal representative is the sole heir or devisee or is the Department of
State Lands, or is the Director of Human Services or a designee, or is the
Department of VeteransÂ’ Affairs, the personal representative may not act nor
shall letters be issued to the personal representative until the personal
representative files with the clerk of the court a bond. The bond shall be
executed by a surety company authorized to transact surety business in this
state, or by one or more sufficient personal sureties approved by the court. A
personal surety must be a resident of this state. The court may, in its
discretion, require a bond notwithstanding any provision in a will that no bond
is required. The bond shall be for the security and benefit of all interested
persons and shall be conditioned upon the personal representative faithfully
performing the duties of the trust.
     (2) The amount of the bond set by the
court shall be adequate to protect interested persons, but in no event shall it
be less than $1,000. 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.
     (3) Nothing in this section affects the
provisions of ORS 709.240, relating to a trust company acting as personal representative.
     (4) Notwithstanding any other provisions
of this section, a court may, in its discretion, waive the requirement of a
bond if all devisees and heirs known to the court agree in writing that the
requirement be waived and the signed agreement is filed with the court at the
time of filing of the petition for the appointment of a 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]
     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) Letters testamentary or letters of administration shall be issued
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) 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 __________________
(Executor(s) or Administrator(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
______________Clerk
of the Court
By __________________
Deputy
(Seal)
______________________________________________________________________________
     (3) 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 administrator(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
______________Clerk
of the Court
By __________________
Deputy
(Seal)
______________________________________________________________________________
[1969 c.591 §92]
     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 and Department of Human
Services. (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 therein shown, information that shall include:
     (a) The title of the court in which the
estate proceeding is pending and the clerkÂ’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 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 shall 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
as described 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 certificate of the decedent to the Department of Human Services. [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]
     Note: See second note under 113.045.
     113.150 [Repealed by 1969 c.591 §305]
     113.155
Publication of notice to interested persons. (1) Upon appointment a personal representative shall cause a notice to
interested persons to be published once in each of three consecutive weeks 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 the first 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 the first 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. [1969 c.591 §95;
1973 c.506 §26; 2007 c.284 §11]
     Note: See second note under 113.045.
     113.160 [Repealed by 1969 c.591 §305]
     113.165
Filing inventory and evaluation. Within 60 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 the 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 true cash
values as of the date of the death of the decedent of the properties described
in the inventory. [1969 c.591 §96; 1987 c.586 §27; 1991 c.191 §2]
     113.175
Property discovered after inventory filed. 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. [1969 c.591 §97]
     113.185
Appraisement; employment and appointment of appraisers. (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) Property for which appraisement is
required shall be appraised at its true cash value as of the date of the death
of the decedent. Each appraisement shall be in writing and shall 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]
     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) 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]
     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 coexecutors is not appointed, those appointed may exercise all the powers
incident to the office, unless the will provides otherwise. [1969 c.591 §100]
     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 of administration with the will annexed have been
issued, the will is set aside, declared void or inoperative, the letters
testamentary or of administration with the will annexed 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 of administration
with the will annexed 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 executor named in the will, except that the successor
shall not exercise powers given in the will which by its terms are personal to
the personal representative named therein. [1969 c.591 §101]
     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 first 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 that the
original personal representative died, was removed by the court or resigned,
the date of death, removal or resignation and the date of appointment of the
new personal representative. It also shall state that all persons having claims
against the estate shall present them, within four months after the date of the
first publication of the republished notice, to the new personal
representative, at the address designated in the republished notice for the
presentation of claims, or they may be barred.
     (2) No notice by the successor personal
representative shall be 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 the first publication of
the notice to interested persons. [1969 c.591 §102; 1977 c.187 §1]
     113.230 [Repealed by 1969 c.591 §305]
     113.235
Appointment of estate administrators by Director of Department of State Lands. The Director of the Department of State
Lands shall appoint one or more estate administrators to act for the Department
of State Lands in administration of any estate in which the Department of State
Lands is appointed personal representative. An estate administrator appointed
under this section is an employee of the Department of State Lands. [2003 c.395
§7]
     113.238
Requirements and prohibitions related to certain decedents who die intestate
and without heirs. (1) Any
person who has knowledge that a decedent died wholly intestate, that the
decedent owned property subject to probate in
     (2) Except as provided by ORS 708A.430,
722.262 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 an estate administrator of the Department of State
Lands appointed under ORS 113.235. 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 (3) or to an affiant authorized
under ORS 114.520 to file an 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]
     113.240 [Repealed by 1969 c.591 §305]
     113.242
Authority of estate administrator. (1) An estate administrator of the Department of State Lands appointed
under ORS 113.235 may take custody of the property of a decedent who died
owning property subject to probate in
     (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 Department of State Lands
appointed under ORS 113.235 may:
     (a) Incur expenses for the funeral, burial
or other disposition of the remains 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 Department of State Lands 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]
     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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