ORS Chapter 111 — General Provisions

ORS 111.005. Definitions for probate law. As used in ORS chapters 111, 112, 113, 114, 115, 116 and 117, unless the context requires otherwise: (1) Abate means to reduce a devise on account of the insufficiency of the estate to pay all claims, expenses and devises in full. (2) Action includes suits and legal proceedings. (3) Administration means any proceeding relating to the estate of a decedent, whether the decedent died testate, intestate or partially intestate. (4) Advancement means a gift by a decedent to an heir or devisee with the intent that the gift satisfy in whole or in part the heirs share of an intestate estate or the devisees share of a testate estate. (5) Assets includes real, personal and intangible property. (6) Claim includes liabilities of a decedent, whether arising in contract, in tort or otherwise. (7) Court or probate court means the court in which jurisdiction of probate matters, causes and proceedings is vested as provided in ORS 111.075. (8) Decedent means a person who has died. (9)(a) Descendant means a person who is descended from a specific ancestor and includes an adopted child and the adopted childs descendants. (b) When used to refer to persons who take by intestate succession, descendant does not include a person who is the descendant of a living descendant. (10) Devise, when used as a noun, means property disposed of by a will. (11) Devise, when used as a verb, means to dispose of property by a will. (12) Devisee means a person designated in a will to receive a devise. (13) Distributee means a person entitled to any property of a decedent under the will of the decedent or under intestate succession. (14) Domicile means the place of abode of a person, where the person intends to remain and to which, if absent, the person intends to return. (15)(a) Estate means the real and personal property of a decedent, as from time to time changed in form by sale, reinvestment, substitutions or otherwise, augmented by any accretions or additions or diminished by any decreases or distributions. (b) Estate includes tangible and intangible personal property of a decedent domiciled in Oregon, wherever the property is situated. (16) Funeral includes the burial or other disposition of the remains of a decedent, any plot or tomb and other necessary incidents to the disposition of the remains, any memorial ceremony or other observance and related expenses. (17) General devise means a devise chargeable generally on the estate of a testator so that the devise is not distinguishable from other parts of the estate and does not constitute a specific devise. (18) Heir means any person who is or would be entitled under intestate succession to property of a person upon that persons death. (19)(a) Interested person means any person having a property right in or claim against the estate of a decedent that may be affected by the proceeding. (b) Interested person includes a decedents heir, devisee, child, spouse or creditor if the heir, devisee, child, spouse or creditor has a property right in or claim against the decedents estate. (c) Interested person also includes a fiduciary representing a person described in paragraph (a) or (b) of this subsection. (20) Intestate means one who dies without leaving a valid will, or the circumstance of dying without leaving a valid will, effectively disposing of all the estate. (21) Intestate succession means succession to property of a decedent who dies intestate or partially intestate. (22) Issue means a descendant or descendants. (23) Net estate means the real and personal property of a decedent, except property used for the support of the surviving spouse and children and for the payment of expenses of administration, funeral expenses, claims and taxes. (24) Net intestate estate means any part of the net estate of a decedent not effectively disposed of by the will. (25) Personal property includes all property other than real property. (26) Personal representative includes executor, administrator, administrator with will annexed and administrator de bonis non, but does not include special administrator. (27) Property includes both real and personal property. (28) Real property includes all legal and equitable interests in land, in fee and for life. (29) Settlement includes, as to the estate of a decedent, the full process of administration, distribution and closing. (30) Specific devise means a devise of a specific thing or specified part of the estate of a testator that is so described as to be capable of identification. A specific devise is a gift of a part of the estate identified and differentiated from all other parts. (31) Will includes codicil and also includes a testamentary instrument that merely appoints a personal representative or that merely revokes or revives another will.