justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.155. Separate action required by personal representative. If the claimant files a request for summary determination of the claim as provided in ORS
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.160. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.165. Summary determination procedure. In a proceeding for summary determination by the probate court of a claim disallowed in whole or in part by the personal representative: (1) The personal representative shall move or plead to the claim as though the claim were a complaint filed in an action. (2) The court shall hear the matter without a jury, after notice to the claimant and personal representative. Upon the hearing the court shall determine the claim in a summary manner and shall make an order allowing or disallowing the claim in whole or in part. (3) No appeal may be taken from the order of the court made upon the summary determination.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.170. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.175. Interested persons heard in summary determination or separate action. Any interested person may be heard in a proceeding for summary determination by the probate court of a claim, and may intervene in a separate action against the personal representative on the claim.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.180. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.185. Creditor may obtain order for payment. A creditor whose claim has been allowed or established by summary determination or separate action, and who has not received payment within six months after the date of publication of notice to interested persons, may apply to the court for an order directing the personal representative to pay the claim to the extent that funds of the estate are available for that payment. [1969 c.591 158; 2023 c.18 9] Note: See note under
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.190. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.195. Proof for court allowance of disallowed claim; claims for recovery of public assistance or medical assistance. (1) A claim that has been disallowed by the personal representative may not be allowed by any court except upon some competent, satisfactory evidence other than the testimony of the claimant. (2)(a) Notwithstanding subsection (1) of this section, claims for recovery of public assistance as defined by ORS 411.010 or medical assistance as defined in ORS 414.025 may be allowed based on evidence in the form of documents from the Department of Human Services or the Oregon Health Authority that contain information relating to that public assistance or medical assistance, such as the date that services were provided to the decedent, the classification of those services, the name of the provider or the providers identification number, and the amount of the public assistance or medical assistance payment made for the services. The documents may be prints obtained from microfilm or microfiche, or printouts from computer records or other electronic storage medium. (b) A document described in paragraph (a) of this subsection is prima facie evidence of the information contained in the document and is not excluded from introduction as hearsay, and extrinsic evidence of authenticity of the document as a condition precedent to admissibility is not required, if the document bears a seal that on its face is the seal of the Director of Human Services or the designee of the director, or the Director of the Oregon Health Authority or the designee of the director, and: (A) For a print obtained from microfilm or microfiche, also bears a statement indicating that the print is a true copy of the microfilm or microfiche record, signed by a person who purports to be an officer or employee of the department or the authority; or (B) For a printout from computer records or other electronic storage medium, also bears a statement indicating that the printout accurately reflects the data retrieved, signed by a person who purports to be an officer or employee of the department or the authority.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.200. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.205. Waiver of statute of limitations. A claim barred by the statute of limitations may not be allowed by the personal representative or by any court except upon the written direction or consent of those interested persons who would be adversely affected by allowance of the claim.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.210. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.215. Extension of statute of limitations. If a claim is not barred by the statute of limitations on the date of death of the decedent, the claim is not barred by the statute of limitations thereafter until at least one year after the date of death.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.220. [1963 c.447 1; 1965 c.514 1; repealed by 1969 c.591 305] DISCHARGE OF ENCUMBRANCES
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.255. Discharge of encumbrances. (1) As used in this section: (a) Voluntary encumbrance means any mortgage, trust deed, security agreement, pledge or public improvement assessment lien, or any lien arising from labor or services performed or materials supplied or furnished, or any combination thereof, upon or in respect of property. (b) Involuntary encumbrance means any encumbrance upon property other than a voluntary encumbrance. (2) If property upon which an encumbrance exists on the date of the death of the testator is specifically devised, the devisee takes it subject to the encumbrance, and the personal representative is not required to make any payment on account of the obligation secured by the encumbrance, whether or not the testator was personally liable on the obligation secured by the encumbrance, except as provided otherwise in the will or in subsection (3) or (4) of this section. (3) Unless the will provides otherwise, the devisee of specifically devised property may require that an encumbrance thereon be fully or partially discharged out of other assets of the estate not specifically devised, if: (a) The encumbrance is an involuntary encumbrance; or (b) The encumbrance is a voluntary encumbrance and: (A) The will specifically directs full or partial discharge of the encumbrance out of other assets; or (B) The personal representative receives rents or profits, or both, from the property and the devisee requests that the personal representative apply all or part of the rents or profits, or both, in full or partial discharge of the obligation secured by the encumbrance, in which event the personal representative shall apply the rents or profits, or both, upon principal or interest, or both, owing upon the obligation, as requested; or (C) Any devisee requests, in a writing signed by the devisee and delivered to the personal representative, that the obligation secured by the encumbrance be fully or partially discharged out of property, or the proceeds of the sale thereof, which otherwise would pass to the devisee. (4) If a claim based upon an obligation secured by a voluntary encumbrance upon specifically devised property is presented and paid, or if specifically devised real property subject to a voluntary encumbrance is redeemed, and the devisee is not entitled to exoneration pursuant to subsection (3) of this section, the personal representative has a lien upon the property in the amount paid, and the lien shall be administered upon as an asset of the estate. (5) If property is specifically devised by a will executed before the effective date of this section, and if an encumbrance upon that property exists on the date of the death of the testator, the rights of the devisee of that property in respect of exoneration thereof out of other assets of the estate shall be determined in accordance with the law in effect on the date the will was executed.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.265. Power to redeem estate property. Unless otherwise provided by the will, the personal representative may redeem property of the estate sold on foreclosure of mortgage or upon execution if it appears that the redemption would be for the benefit of the estate and would not be prejudicial to creditors.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.275. Encumbered assets; powers of personal representative. When any assets of the estate are encumbered by an involuntary or voluntary encumbrance, the personal representative may discharge the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of the lien, in whole or in part, whether or not the holder of the encumbrance has filed a claim, if it appears to be for the best interest of the estate. Discharge of an encumbrance shall not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration under ORS 115.255 (3). [1969 c.591 164] ACTIONS AND SUITS
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.305. Survival of causes of action. All causes of action or suit, by one person against another, survive to the personal representative of the former and against the personal representative of the latter. [Formerly 121.020]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.310. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.315. Continuation of action without claim presentation. An action against a decedent commenced before and pending on the date of death of the decedent may be continued as provided in ORCP 34 B(2) without presentation of a claim against the estate of the decedent.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.320. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.325. Action not to be commenced until claim presented and disallowed. Except as provided in ORS 115.004, 115.005 (5) and 115.065, no action against a personal representative on account of a claim shall be commenced until the claim of the plaintiff has been presented to and disallowed by the personal representative.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.330. [Repealed by 1969 c.591 305] APPLICATION TO NONTESTAMENTARY TRUSTS
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.335. Chapter does not apply to certain trusts. The provisions of this chapter do not apply to claims against trusts that are subject to the provisions of ORS 130.350 to 130.450.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.340. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.350. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.410. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.420. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.430. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.440. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.450. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.460. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.470. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.480. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.490. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.500. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.510. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.520. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.990. [Repealed by 1969 c.591 305] _______________
ORS Chapter 116 — Accounting, Distribution and

ORS 116.003. [1969 c.591 168; 1973 c.506 36; repealed by 1975 c.717 14 (116.007 enacted in lieu of
ORS Chapter 116 — Accounting, Distribution and

ORS 116.005. [Repealed by 1969 c.591 305] ALLOCATION OF INCOME
ORS Chapter 116 — Accounting, Distribution and

ORS 116.007. Allocation of income. (1) Unless the will otherwise provides and subject to subsection (2) of this section, all expenses incurred in connection with the settlement of a decedents estate, including debts, funeral expenses, estate taxes, interest and penalties concerning taxes, family allowances, fees of attorneys and personal representatives and court costs, shall be charged against the principal of the estate. (2) Unless the will otherwise provides, income from the assets of a decedents estate after the death of the testator and before distribution, including income from property used to discharge liabilities, shall be determined in accordance with the rules applicable to a trustee under ORS chapter 129 and this section and distributed as follows: (a) To specific legatees and devisees, the income from the property bequeathed or devised to them respectively, less taxes, ordinary repairs, and other expenses of management and operation of the property, and an appropriate portion of interest accrued since the death of the testator and of taxes imposed on income, excluding taxes on capital gains, that accrue during the period of administration. (b) To all other legatees and devisees, except legatees of pecuniary bequests that are not in trust and that do not qualify for the marital deduction provided for in section 2056 of the Internal Revenue Code (26 U.S.C. 2056), the balance of the income, less the balance of taxes, ordinary repairs, and other expenses of management and operation of all property from which the estate is entitled to income, interest accrued since the death of the testator, and taxes imposed on income, excluding taxes on capital gains, that accrue during the period of administration, in proportion to their respective interests in the undistributed assets of the estate computed at times of distribution on the basis of inventory value. (3) Income received by a trustee under subsection (2) of this section shall be treated as income of the trust.
ORS Chapter 116 — Accounting, Distribution and

ORS 116.010. [Repealed by 1969 c.591 305] PARTIAL DISTRIBUTION
ORS Chapter 116 — Accounting, Distribution and

ORS 116.013. Petition and order for partial distribution. Upon petition by the personal representative or other interested person, and after such notice and hearing as the court may prescribe, the court may order the personal representative to distribute, prior to final settlement and distribution, property of the estate to the person or persons who would be entitled to the property under the will or under intestate succession on final distribution, if the court finds that: (1) After the distribution sufficient assets will remain to pay support of spouse and children, expenses of administration, unpaid claims and all known unpaid creditors of the decedent or of the estate; and (2) The distribution may be made without loss to creditors or injury to the estate or to any interested person.
ORS Chapter 116 — Accounting, Distribution and

ORS 116.015. [Repealed by 1969 c.591 305]
ORS Chapter 116 — Accounting, Distribution and

ORS 116.020. [Amended by 1957 c.352 1; repealed by 1969 c.591 305]
ORS Chapter 116 — Accounting, Distribution and

ORS 116.023. Bond or other security. The court may require a bond or other security of any distributee for the protection of creditors and other interested persons who might suffer loss or injury because of the distribution of property under ORS
ORS Chapter 116 — Accounting, Distribution and

ORS 116.025. [Repealed by 1969 c.591 305]
ORS Chapter 116 — Accounting, Distribution and

ORS 116.033. Discharge of personal representative. The distribution of property in accordance with the order of the court under ORS 116.013 is a full discharge of the personal representative in respect to all property embraced in the order, except as otherwise provided in ORS chapters 111, 112, 113, 114, 115, 116 and 117.
ORS Chapter 116 — Accounting, Distribution and

ORS 116.043. Petition and order for refund by distributee. If, after the distribution of property under ORS 116.013, it appears that all or any part of the property distributed is required for the payment of claims and expenses of administration, including determined and undetermined state and federal tax liability, the personal representative shall petition the court to order the return of the property. Notice of the hearing on the petition shall be given as provided in ORS 111.215. Upon the hearing the court may order the distributee to return all or part of the property distributed, or to pay the value of the property as of the time of distribution, and may specify the time within which the return or payment must be made. If the property is not returned or the payment is not made within the time ordered, the person failing to return the property or pay its value may be adjudged in contempt of court and judgment may be entered against the person and the sureties of the person, if any. [1969 c.591 172; 2017 c.169 57] ACCOUNTING AND DISTRIBUTION
ORS Chapter 116 — Accounting, Distribution and

ORS 116.063. Liability of personal representative. A personal representative may be liable for and is chargeable in the accounts of the personal representative with: (1) All of the estate of the decedent that comes into the possession of the personal representative at any time, including the income therefrom. (2) All property not a part of the estate if: (a) The personal representative has commingled the property with the assets of the estate; or (b) The property was received under a duty imposed on the personal representative by law in the capacity of personal representative. (3) Any loss to the estate arising from: (a) Neglect or unreasonable delay in collecting the assets of the estate. (b) Neglect in paying over money or delivering property of the estate. (c) Failure to pay taxes as required by law or to close the estate within a reasonable time. (d) Embezzlement or commingling of the assets of the estate with other property. (e) Unauthorized self-dealing. (f) Wrongful acts or omissions of copersonal representatives that the personal representative could have prevented by the exercise of ordinary care. (g) Any other negligent or willful act or nonfeasance in the administration of the estate by which loss to the estate arises.
ORS Chapter 116 — Accounting, Distribution and

ORS 116.073. Nonliability of personal representative. A personal representative is not liable for or chargeable in the accounts of the personal representative with: (1) Debts due the decedent or other assets of the estate that remain uncollected without the fault of the personal representative. (2) Loss by the decrease in value or destruction of property of the estate if the loss is caused without the fault of the personal representative.
ORS Chapter 116 — Accounting, Distribution and

ORS 116.093. Notice for filing objections to final account and petition for distribution; rules. (1) Upon filing the final account and petition for a judgment of distribution, the personal representative shall set a time for filing objections to the account and petition. Not less than 20 days before the time set, the personal representative shall mail a copy of the final account and petition for judgment and notice of the time set for objections to: (a) Each distributee at the last-known address of the distributee. (b) Each creditor who has not received payment in full and whose claim has not otherwise been barred. (2) If a charitable trust as described in ORS 130.170, a public benefit corporation as defined in ORS 65.001 or a religious organization is a residuary beneficiary of the estate, or if a charitable trust, a public benefit corporation or a religious organization will receive less under the judgment than the amount of a specific devise to the trust, corporation or organization, the personal representative shall mail the notice under subsection (1) of this section to the Attorney General. (3) The notice need not be mailed to the personal representative. (4) Proof of the mailing to those persons entitled to notice shall be filed in the estate proceeding at or before approval of the final account. (5) If the Department of Human Services has presented a claim under ORS chapter 411 or ORS 416.310 to 416.340, 416.350 or 417.010 to 417.080, or the Oregon Health Authority has presented a claim under ORS chapter 414 or ORS 416.310 to 416.340, 416.350 or 416.510 to 416.990, or the Department of Corrections has presented a claim under ORS 179.620 (3), and the claim has not been settled or paid in full, the personal representative shall mail to the appropriate agency a copy of the final account at the same time, and shall make proof of the mailing in the same manner, as the notice provided for in this section. (6) The Oregon Health Authority may adopt rules designating the Department of Human Services as the appropriate department to receive the final account for claims presented by the authority under subsection (5) of this section.
ORS Chapter 116 — Accounting, Distribution and

ORS 116.103. Objections to final account and petition. Any person entitled to notice under ORS 116.093 may, within the time fixed for the filing, file in the estate proceeding objections to the final account and petition for distribution, specifying the particulars of the objections. Upon the filing of objections the court shall fix the time for hearing thereon.
ORS Chapter 116 — Accounting, Distribution and

ORS 116.105. [Repealed by 1969 c.591 305]
ORS Chapter 116 — Accounting, Distribution and

ORS 116.110. [Repealed by 1969 c.591 305]
ORS Chapter 116 — Accounting, Distribution and

ORS 116.113. Judgment of final distribution. (1) If no objections to the final account and petition for distribution are filed, or if objections are filed, upon the hearing or upon the filing of a statement in lieu of the final account under ORS 116.083 (5), the court shall enter a general judgment of final distribution. In the judgment the court shall designate the persons in whom title to the estate available for distribution is vested and the portion of the estate or property to which each is entitled under the will, by agreement approved by the court or pursuant to intestate succession. The judgment shall also contain any findings of the court in respect to: (a) Advancements. (b) Election against will by the surviving spouse. (c) Renunciation. (d) Lapse. (e) Adjudicated controversies. (f) Partial distribution, which shall be confirmed or modified. (g) Retainer. (h) Claims for which a special fund is set aside, and the amount set aside. (i) Contingent claims that have been allowed and are still unpaid. (j) Any reserve requested under ORS 116.083. (k) Attorney fees. (L) Approval of the final account or the statement filed in lieu of the final account under ORS 116.083 (5) in whole or in part. (2) If, by agreement approved by the court, property is distributed to persons in whom title is vested by the judgment of final distribution otherwise than as provided by the will or pursuant to intestate succession, the judgment operates as a transfer of the property between those persons. (3) The judgment of final distribution is a conclusive determination of the persons who are the successors in interest to the estate and of the extent and character of their interest, subject only to the right of appeal and the power of the court to vacate the judgment.
ORS Chapter 116 — Accounting, Distribution and

ORS 116.120. [Repealed by 1969 c.591 305]