justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 111 — General Provisions

ORS 111.185. Powers of probate commissioner and deputy probate commissioners and deputy probate commissioners. (1) To the extent prescribed or otherwise authorized by rule or order made under ORS 111.175, a probate commissioner or deputy probate commissioner may: (a) Act upon uncontested petitions for appointment of special administrators, for probate of wills and for appointment of personal representatives, guardians and conservators; (b) Make and enter orders and judgments admitting wills to probate and appointing and setting the amount of the bonds of special administrators, personal representatives, guardians and conservators; and (c) Appoint court visitors. (2) Any matter presented to the probate commissioner or deputy probate commissioner may be referred to the judge of the court. (3) Any order or judgment made by a probate commissioner or deputy probate commissioner is subject to being set aside or modified by the judge of the court within 30 days after the date of the order or judgment. (4) Any interested person may object to an order or judgment of a probate commissioner or deputy probate commissioner within 30 days after the date of the order or judgment, and the judge of the court may set aside or modify the order or judgment. (5) Unless set aside or modified by the judge of the court, the orders and judgments of the probate commissioner or deputy probate commissioner have the same effect as if made by the judge of the court. [1969 c.591 11; 2016 c.42 16] PROBATE PROCEDURE GENERALLY
ORS Chapter 111 — General Provisions

ORS 111.200. Applicability of Oregon Rules of Civil Procedure and Oregon Evidence Code; contested issues in probate proceedings. (1) As used in this section: (a) Probate proceeding means a proceeding under ORS chapter 111, 112, 113, 114, 115, 116 or 117 for the administration of a decedents estate. (b) Probate proceeding does not include: (A) A proceeding for summary determination of a claim under ORS 115.145 (1)(b); or (B) A declaratory judgment action under ORS chapter 28. (2) Except as otherwise provided in ORS 111.205, 111.218, 112.588, 113.005, 113.105, 114.720, 115.315, 116.083 or 116.253, the Oregon Rules of Civil Procedure and the Oregon Evidence Code do not apply to probate proceedings. (3) Notwithstanding subsection (2) of this section: (a) ORCP 12 applies to any probate proceeding. (b) ORCP 9, 10 A, 16 B, 16 D, 17, 18, 19, 21, 22, 23, 25, 27, 29, 30, 31, 33, 34 A to F, 36 to 43, 44 A, B, D and E, 46, 47, 53, 55, 62, 64 A and C to G, 65, 67, 68, 71, 72 and 78 apply to a contested issue in a probate proceeding. (c) The Oregon Evidence Code applies to a contested issue in a probate proceeding. (4) For the purposes of applying the Oregon Rules of Civil Procedure to a contested issue in a probate proceeding: (a) Plaintiff means any party asserting a claim for relief, whether by way of petition or motion; and (b) Defendant means: (A) Any party against whom the claim is asserted; (B) Any party objecting to the petition or motion; or (C) If the court issues a show cause order, the party subject to the order. (5)(a) For the purposes of this section, an issue in a probate proceeding is contested if it is or arises from: (A) A petition or motion for declaratory judgment, including a will contest; (B) A petition to remove a court-appointed fiduciary; (C) A petition or motion for affirmative relief of any sort against a person; (D) A petition or motion to apportion the proceeds of a wrongful death settlement; (E) If filed by a person other than the personal representative: (i) A motion to increase the amount of the bond of the personal representative, or to require a new bond; (ii) A petition to restrict the powers of the personal representative; (iii) A petition to determine heirship; (iv) A petition for instructions; or (v) A petition to appoint a fiduciary other than the fiduciary nominated in the will admitted to probate; (F) Any other petition or motion to which another person has filed an objection; or (G) Any other petition, motion or show cause order determined by the court to be a contested issue in a probate proceeding. (b) Notwithstanding paragraph (a) of this subsection, unless otherwise determined by the court, the following are not contested issues in probate proceedings: (A) A petition for summary review of administration of a simple estate under ORS 114.550; (B) A petition or motion for summary determination of a claim as provided in ORS 114.542 or 115.145 (1)(a); or (C) An application for an order directing payment of a claim under ORS 115.185. (6) Nothing in this section is intended to affect the burden of proof or standard of proof that is applied in probate proceedings.
ORS Chapter 111 — General Provisions

ORS 111.205. Commencement of probate proceeding; pleadings and mode of procedure; jury trial. (1) A probate proceeding is commenced by the filing of a petition in a court with jurisdiction over probate proceedings. Petitions to commence probate proceedings are authorized in ORS chapters 113 and 117. (2) No particular pleadings or forms of pleadings are required in the exercise of jurisdiction of probate courts. All petitions, inventories, reports and accountings in a probate proceeding must be in writing and include a declaration under penalty of perjury in the form required by ORCP 1 E. The declaration must be made by at least one of the persons making the pleading or by the attorney for the person, or in the case of a business entity by an authorized agent. A declarant who is physically outside the boundaries of the United States must make an unsworn declaration under ORS 194.800 to 194.835. (3) Actions in a probate proceeding are not triable by a jury except as otherwise provided by law.
ORS Chapter 111 — General Provisions

ORS 111.210. [Repealed by 1969 c.591 305]
ORS Chapter 111 — General Provisions

ORS 111.218. Proof of service; proof of publication. (1) Proof of service must be made for all documents for which statutes require giving notice. If notice of a document is not required, no proof of service is required. (2) Proof of service of a document may be on the document filed in the form of a certificate of service that specifies the date of mailing or other service or may be by a separate filing. (3) Proof of publication required to be filed in probate court must be made in the form required by ORCP 7 F.
ORS Chapter 111 — General Provisions

ORS 111.220. [Repealed by 1957 c.411 7]
ORS Chapter 111 — General Provisions

ORS 111.225. Waiver of notice. When any notice or information is required to be given under ORS chapters 111, 112, 113, 114, 115, 116 and 117, a guardian, a guardian ad litem, a conservator or a person who is neither incompetent nor a minor may waive notice by a writing signed by the guardian, guardian at litem, conservator or person or the attorney of the guardian, guardian ad litem, conservator or person and filed in the proceeding, or by the appearance of the guardian, guardian ad litem, conservator or person at the hearing.
ORS Chapter 111 — General Provisions

ORS 111.230. [Repealed by 1957 c.411 7]
ORS Chapter 111 — General Provisions

ORS 111.235. Filing objections to petition or motion. (1) Any interested person or the personal representative may file a written objection to a petition or motion previously filed. (2) An objection filed under this section must: (a) Include a plain and concise statement of the basis for the objection; (b) Be served on the persons described in ORS 111.215 (2); and (c) Be filed on or before the final date for the filing of objections to the petition or motion. (3) If no objections are filed before the final date for the filing of objections to the petition or motion, or if all filed objections are withdrawn, the court may sign the proposed order or judgment without further notice.
ORS Chapter 111 — General Provisions

ORS 111.240. [Repealed by 1957 c.411 7]
ORS Chapter 111 — General Provisions

ORS 111.241. Hearing. (1) The court may require that a hearing be held on any petition or motion in a probate proceeding. (2) A hearing must be held on a petition or a motion in a probate proceeding if an objection to the petition or motion is filed and the objection is not withdrawn before the hearing.
ORS Chapter 111 — General Provisions

ORS 111.245. Proof of documents; certification. (1) Proof of documents pursuant to ORS chapter 111, 112, 113, 114, 115, 116 or 117 may be made as follows: (a) Of a will, by a certified copy of the will. (b) That a will has been probated or established in a foreign jurisdiction, by a certified copy of the document entered in the foreign jurisdiction admitting the will to probate or recognizing the validity of the will. (c) Of letters testamentary or letters of administration, by a certified copy of the letters. The certification may include a statement that the letters have not been revoked. (2) A document filed or entered in a foreign jurisdiction may be proved by a copy of the document, certified by a clerk of the court in which the document was filed or entered or by any other official having legal custody of the original document.
ORS Chapter 111 — General Provisions

ORS 111.255. Translation of documents. If all or part of a document is not in the English language, a translation certified by the translator to be accurate may be attached to the document. If no objection is made to the certified translation, any person who relies in good faith on the accuracy of the translation may not be prejudiced because of its inaccuracy.
ORS Chapter 111 — General Provisions

ORS 111.275. Limited judgments. (1) The court in a probate proceeding may enter a limited judgment only for the following decisions of the court: (a) A decision on a petition for appointment or removal of a personal representative, including a successor personal representative. (b) A decision in a will contest filed in the probate proceeding. (c) A decision to require delivery of possession of property of the decedent, including records, accounts or documents relating to the property. (d) A decision to determine ownership of title for real or personal property. (e) A decision on a petition or motion for support or elective share. (f) A decision on an objection to a final accounting. (g) A decision on a request made in the proceeding for a declaratory judgment under ORS 111.095. (h) A decision on a request for an award of expenses under ORS 116.183. (i) A decision on surcharge of a fiduciary or a surety. (j) Such decisions of the court as may be specified by rules or orders of the Chief Justice of the Supreme Court under ORS 18.028. (k) Any other decision that is a final determination of the rights of one or more persons. (2) A court may enter a limited judgment under this section only if the court determines that there is no just reason for delay. The judgment document need not reflect the courts determination that there is no just reason for delay. [2005 c.568 33; 2009 c.50 1; 2016 c.42 18; 2021 c.282 15] _______________
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.001. Effect of direction to pay debts, charges, taxes or expenses. A mere testamentary direction to pay debts, charges, taxes or expenses of administration shall not be considered a direction for exoneration from encumbrances.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.008. Application of time limitations to public bodies. Notwithstanding ORS 12.250, and except as otherwise specifically provided in this chapter, all statutes of limitation and other time limitations imposed under this chapter apply to actions brought in the name of the state, or brought in the name of any county or public corporation, and to actions brought for the benefit of the state or for the benefit of any county or public corporation.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.010. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.020. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.025. Form of claims. Each claim presented shall: (1) Be in writing. (2) Describe the nature and the amount of the claim, if ascertainable. (3) State the names and addresses of the claimant and, if any, the attorney of the claimant.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.035. Waiver of defect or insufficiency. A defect of form of a claim timely presented may be waived by the personal representative or by the court.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.045. Written evidence of claim. When it appears that there is written evidence of a claim that has been presented to the personal representative, the claimant, upon demand by the personal representative, shall produce the evidence or account for its nonproduction.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.055. Claims on debts due. If a claim on a debt due is presented and allowed, allowance shall be in the amount of the debt remaining unpaid on the date of allowance.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.065. Claims on secured debts due. (1) A claim on a debt due for which the creditor holds security may be presented as a claim on an unsecured debt due. A creditor who presents a claim under this subsection does not waive the creditors security interest and may recover a deficiency as provided in subsection (5) of this section. (2) If the claim is presented, the claim shall describe the security generally. If the security is an encumbrance that is recorded, it is sufficient to describe the encumbrance by reference to the book and page or document number, date and place of recording or filing. (3) If the claim is presented and allowed, allowance shall be in the amount of the debt remaining unpaid on the date of allowance. (4) If the creditor surrenders the security, payment shall be on the basis of the amount allowed. (5) If the creditor does not surrender the security, payment shall be on the basis of: (a) If the creditor exhausts the security before receiving payment, unless precluded by other law, the amount allowed, less the amount realized on exhausting the security; or (b) If the creditor does not exhaust the security before receiving payment or does not have the right to exhaust the security, the amount allowed, less the value of the security determined by agreement or as the court may order. (6) The personal representative may convey the secured property to the creditor in consideration of the satisfaction or partial satisfaction of the claim.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.070. Claims on debts reduced to judgments. If a judgment was entered on a claim prior to the death of the decedent but was not a lien against property of the estate on the date of the decedents death, the claim shall be presented in the same manner as if no judgment had been entered, and a copy of the judgment shall be attached to the claim. A claim for which a judgment was entered prior to the death of the decedent may be disallowed only if the judgment was void or voidable, or if the judgment could have been set aside on the date of the decedents death, or if the claim is not presented within the time required by ORS 115.005. If the judgment was a lien against property of the estate on the date of the decedents death it shall be treated as a claim on a debt due for which the creditor holds security under ORS 115.065. In all other respects a claim that has been reduced to judgment shall have the same priority under ORS
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.075. Claims on debts not due. A claim on a debt not due, whether or not the creditor holds security therefor, may be presented as a claim on a debt due. If the claim is allowed, allowance shall be in an amount equal to the value of the debt on the date of allowance. The creditor, after allowance of the claim, may withdraw the claim without prejudice to other remedies. Payment on the basis of the amount allowed discharges the debt and the security, if any, held by the creditor therefor.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.085. Claims on contingent and unliquidated debts. (1) A claim on a contingent or unliquidated debt shall be presented as any other claim. (2) If the debt becomes absolute or liquidated before distribution of the estate, the claim shall be paid in the same manner as a claim on an absolute or liquidated debt. (3) If the debt does not become absolute or liquidated before distribution of the estate, the court shall provide for payment of the claim by any of the following methods: (a) The creditor and personal representative may determine, by agreement, arbitration or compromise, the value of the debt, and upon approval thereof by the court, the claim may be allowed and paid in the same manner as a claim on an absolute or liquidated debt. (b) The court may order the personal representative to make distribution of the estate, but to retain sufficient funds to pay the claim if and when the debt becomes absolute or liquidated. The estate may not be kept open for this purpose more than two years after distribution of the remainder of the estate. If the debt does not become absolute or liquidated within that time, the funds retained, after payment therefrom of any expenses accruing during that time, shall be distributed to the distributees. (c) The court may order the personal representative to make distribution of the estate as though the claim did not exist. (d) If after distribution under paragraph (b) or (c) of this subsection the debt becomes absolute or liquidated, the distributees are liable to the creditor to the extent of the estate received by them. Payment of the debt may be arranged by creating a trust, giving a mortgage, securing a bond from a distributee or by such other method as the court may order.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.095. Compromise of claims. The personal representative may compromise a claim against the estate of a decedent.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.105. Claims of personal representative. A claim of a personal representative shall be filed with the clerk of the court within the time required by law for presentation of claims. Upon application by the personal representative or by any interested person the claim may be considered by the court on the hearing of the final account of the personal representative or prior to the hearing of the final account upon notice to interested persons.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.110. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.115. Payment of claims. After the day on which all known claims are barred under ORS 115.005 (2), the personal representative, after making provision for support of spouse and children ordered by the court, for expenses of administration and for claims already presented which have not been allowed or allowance of which has been appealed, shall proceed to pay the claims allowed against the estate in the order of priority prescribed by ORS 115.125. After payment of those claims, claims presented and allowed under ORS 115.005 (3) shall be paid in the order in which they are received and to the extent of the remaining assets of the estate.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.120. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.125. Order of payment of expenses and claims. (1) If the applicable assets of the estate are insufficient to pay all expenses and claims in full, the personal representative shall make payment in the following order: (a) Support of spouse and children, subject to the limitations imposed by ORS 114.065. (b) Expenses of administration of the estate, and subject to preferences established under federal law, expenses of administration of any protective proceeding in which the decedent was the protected person authorized by the court in the protective proceeding. (c) Expenses of a plain and decent funeral. (d) Debts and taxes with preference under federal law. (e) Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent to which the persons are otherwise entitled by law. (f) Taxes with preference under the laws of this state that are due and payable while possession of the estate of the decedent is retained by the personal representative. (g) Debts owed employees of the decedent for labor performed within 90 days immediately preceding the date of death of the decedent. (h) Child support arrearages. (i) The claim of the Department of Veterans Affairs under ORS 406.100, including a claim the waiver of which was retracted by the Director of Veterans Affairs under ORS 406.110. (j) The claim of the Department of Human Services or the Oregon Health Authority for the amount of the states monthly contribution to the federal government to defray the costs of outpatient prescription drug coverage provided to a person who is eligible for Medicare Part D prescription drug coverage and who receives benefits under the state medical assistance program or Title XIX of the Social Security Act. (k) The claim of the Department of Human Services or the Oregon Health Authority for the net amount of assistance properly or improperly paid to or for the decedent, in the following order: (A) Public assistance, as defined in ORS 411.010, and medical assistance, as defined in ORS 414.025, funded entirely by moneys from the General Fund; and (B) Public assistance, as defined in ORS 411.010, and medical assistance, as defined in ORS 414.025, funded by a combination of state and federal funds. (L) The claim of the Department of Human Services or the Oregon Health Authority for the care and maintenance of the decedent at a state institution, as provided in ORS 179.610 to 179.770. (m) The claim of the Department of Corrections for care and maintenance of any decedent who was at a state institution to the extent provided in ORS 179.610 to 179.770. (n) All other claims against the estate. (2) If the applicable assets of the estate are insufficient to pay in full all expenses or claims of any one class specified in subsection (1) of this section, each expense or claim of that class shall be paid only in proportion to the amount thereof.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.130. [Repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.135. Allowance and disallowance of claims; exception for estates with no known assets. (1) Except as provided in subsection (5) of this section, a claim presented to the personal representative shall be considered allowed as presented unless within 60 days after the date of presentation of the claim as provided in ORS
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.140. [Amended by 1955 c.292 1; repealed by 1969 c.591 305]
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.145. Procedure by claimant on disallowance of claim. (1) If the personal representative disallows a claim in whole or in part, the claimant, within 30 days after the date of mailing or delivery of the notice of disallowance, may either: (a) File with the court in the estate proceeding a request for summary determination of the claim by the probate court, with proof of service of a copy of the request upon the personal representative or the attorney of the personal representative; or (b) Commence a separate action against the personal representative on the claim in any court of competent jurisdiction. The action shall proceed and be tried as any other action. (2) If the claimant fails to either request a summary determination or commence a separate action as provided in subsection (1) of this section, the claim, to the extent disallowed by the personal representative, is barred. (3) In a proceeding for summary determination of a claim or in a separate action on a claim the claim shall be allowed or judgment entered on the claim in the full amount of the liability, if any, of the decedent to the claimant. However, the claim shall be paid only to the extent of the assets of the estate allocable to the payment of the claim pursuant to ORS 115.115 and 115.125.
ORS Chapter 115 — Claims; Actions and Suits

ORS 115.150. [Repealed by 1969 c.591 305]