reglab/housing_qa huggingface dataset:
OR Rev Stat § 114.462 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.462 - Motion to close estate; objections; judgment; discharge of personal representative.

(1) When a personal representative is appointed under ORS 114.453 and no assets of the estate have been discovered, the personal representative may move to close the estate after resolution of the wrongful death claim and distribution of any funds recovered in the wrongful death claim, but no earlier than four months after the latest date of delivery or mailing of the information described ORS 114.456. (2) The motion must state that no assets of the estate have been discovered and that the wrongful death claim has been resolved. (3) The motion must be accompanied by receipts or other evidence satisfactory to the court showing that the damages accepted or recovered in the wrongful death claim have been distributed as provided in ORS 30.030. (4) The personal representative shall set a time for filing objections to the motion to close the estate. Not less than 20 days before the time set, the personal representative shall mail a copy of the motion to close the estate to each beneficiary. (5) If the court grants the motion, the court shall enter a general judgment closing the estate and discharging the personal representative. The discharge so entered operates as a release of the personal representative from further duties and as a bar to any action against the personal representative. The court may, in its discretion and upon such terms as may be just, within one year after entry of the judgment of discharge, permit an action to be brought against the personal representative if the judgment of discharge was taken through fraud or misrepresentation of the personal representative or through the mistake, inadvertence, surprise or excusable neglect of the claimant. [2019 c.166 §8] Note: See note under 114.441.
OR Rev Stat § 114.505 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.505 - Definitions for ORS 114.505 to 114.560.

As used in ORS 114.505 to 114.560: (1) "Affiant" means the person or persons signing a small estate affidavit. (2) "Claiming successors" means: (a) If the decedent died intestate, the heir or heirs of the decedent, or if there is no heir, an estate administrator of the State Treasurer appointed under ORS 113.235; (b) If the decedent died testate, the devisee or devisees of the decedent; and (c) Any creditor of the estate entitled to payment or reimbursement from the estate under ORS 114.545 (1)(f) who has not been paid or reimbursed the full amount owed such creditor within 60 days after the date of the decedent’s death. (3) "Small estate affidavit" means an affidavit or amended affidavit filed under ORS 114.515. [1973 c.710 §2; 1977 c.239 §1; 1979 c.340 §1; 1979 c.467 §3; 1989 c.228 §1; 2003 c.395 §14; 2005 c.22 §92; 2015 c.146 §2; 2019 c.165 §1; 2019 c.678 §40]
OR Rev Stat § 114.510 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.510 - Value limitations for small estate.

(1) A person who meets the requirements of ORS 114.515 may file a small estate affidavit only with regard to an estate in which: (a) Not more than $75,000 of the fair market value of the estate is attributable to personal property; and (b) Not more than $200,000 of the fair market value of the estate is attributable to real property. (2) The fair market value of the estate shall be determined under this section: (a) As of the date of death; or (b) If the date of death is more than one year before the date of filing of the affidavit, as of a date within 45 days before the filing of the affidavit. (3) In determining fair market value under this section, the fair market value of the entire interest in the property included in the estate shall be used without reduction for liens or other debts. [2019 c.165 §3]
OR Rev Stat § 114.517 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.517 - Approval of attorneys filing affidavits for recipients of Medicaid or other public assistance.

The Director of Human Services, or the director’s designated representative, or the Director of the Oregon Health Authority, or the director’s designated representative, may approve in writing attorneys who are eligible to file a small estate affidavit if the decedent received public assistance as defined in ORS 411.010, received medical assistance as defined in ORS 414.025 or received care at an institution as defined in ORS 179.010, and it appears that the assistance or the cost of care may be recovered from the estate of the decedent. An attorney approved under this section does not represent the Director of Human Services or the Director of the Oregon Health Authority when the attorney files a small estate affidavit. [2009 c.262 §6; 2009 c.828 §9; 2013 c.688 §18; 2019 c.165 §5]
OR Rev Stat § 114.520 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.520 - Authorization from State Treasurer required for filing of affidavit by creditor if decedent dies intestate and without heirs; rules.

(1) If a decedent dies intestate and without heirs, a creditor of an estate who is a claiming successor may not file a small estate affidavit unless the creditor has received written authorization from the State Treasurer. Except as provided by rule adopted by the State Treasurer, the State Treasurer shall consent to the filing of a small estate affidavit by a creditor only if it appears after investigation that the estate is insolvent. (2) A creditor of an estate who is subject to subsection (1) of this section may give written notice to the State Treasurer informing the State Treasurer that the creditor intends to file a small estate affidavit. Upon receiving the notice permitted by this subsection, the State Treasurer shall investigate the assets and liabilities of the estate. Within 30 days after receiving the notice required by this subsection, the State Treasurer shall either: (a) Give written authorization to the creditor for the filing of a small estate affidavit by the creditor; or (b) Inform the creditor that the State Treasurer will file a small estate affidavit as claiming successor. (3) If a decedent dies intestate and without heirs, a creditor of an estate who is a claiming successor and who files a small estate affidavit must notate at the top of the affidavit that the affidavit is being filed by a creditor of the estate. If the affidavit contains the notation required by this subsection, the clerk of the probate court may not accept the affidavit for filing unless there is attached to the affidavit written authorization for the filing of the affidavit by the creditor from the State Treasurer. The written authorization may be a copy of a memorandum of an interagency agreement between the State Treasurer and another state agency. [1997 c.88 §2; 2003 c.395 §15; 2019 c.165 §6; 2019 c.678 §41a]
OR Rev Stat § 114.537 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.537 - Safe deposit boxes.

(1) If a person who is eligible to file a small estate affidavit is aware that the decedent was the sole lessee or the last surviving lessee of a safe deposit box or was the owner of the contents of a safe deposit box at the time of the decedent’s death, the claiming successor or other person may not file a small estate affidavit until the person requests an inventory of the box under ORS 708A.655, if the lessor of the box is an Oregon operating institution as defined in ORS 706.008, or under ORS 723.844, if the lessor of the box is a credit union as defined in ORS 723.008. Upon receiving the request, the lessor of the box shall cause an inventory of the contents of the box to be made. The lessor shall retain the original inventory in the box and shall provide a copy of the inventory to the person requesting the inventory. The person requesting the inventory shall take the contents of the box into consideration in determining whether the estate of the decedent is within the limits prescribed by ORS 114.510. If the person files a small estate affidavit, the affidavit must contain a statement of the value of the contents of the box. (2) If an affiant becomes aware after the filing of a small estate affidavit that the decedent was the sole lessee or the last surviving lessee of a safe deposit box or was the owner of the contents of a safe deposit box at the time of the decedent’s death, the affiant shall promptly request an inventory of the box under ORS 708A.655, if the lessor of the box is an Oregon operating institution as defined in ORS 706.008, or under ORS 723.844, if the lessor of the box is a credit union as defined in ORS 723.008. Upon receiving the request, the lessor of the box shall cause an inventory of the contents of the box to be made. The lessor shall retain the original inventory in the box and shall provide a copy of the inventory to the affiant. If the estate of the decedent remains within the limits prescribed by ORS 114.510 after consideration of the value of the contents of the box, the affiant shall file an amended small estate affidavit under ORS 114.515 (6). Upon receiving a certified copy of the amended affidavit, the lessor shall allow the affiant to take possession of the contents of the box. If the estate of the decedent exceeds the limits prescribed by ORS 114.510 after consideration of the value of the contents of the box, the affiant may not file an amended small estate affidavit and shall file notice with the court that the estate of the decedent is not subject to ORS 114.505 to 114.560 and shall serve a copy of the notice on the lessor of the box. The lessor of the box shall deliver the contents of the box to the personal representative for the decedent, or to such other person as may be provided for under the terms of the lease of the box. [2011 c.422 §2; 2019 c.165 §9]
OR Rev Stat § 114.540 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.540 - Procedure for claims.

(1)(a) A claim against an estate with respect to which a small estate affidavit is filed may be presented to the affiant within four months after the affidavit was filed. If an amended small estate affidavit is filed under ORS 114.515 (6), claims against the estate may be presented within four months after the filing of the amended affidavit. (b) Except as provided in ORS 114.550, a claim presented after the limitations described in paragraph (a) of this subsection is barred. (c) Filing a claim with the court does not constitute presentation to the affiant. (d)(A) Except as provided in subparagraph (B) of this paragraph, a claim is presented to the affiant when the claim is mailed or personally delivered to the affiant at the mailing address for presentment of claims included in the small estate affidavit under ORS 114.525. (B) If the affiant authorized creditors to present claims by electronic mail or facsimile communication in the small estate affidavit as provided in ORS 114.525, a claim is presented to the affiant when it is sent to the electronic mail address or the facsimile number designated by the affiant for presentment of claims, unless the sender receives a notice that the electronic mail was not delivered or the facsimile communication was not successful. If the affiant denies receiving the electronic mail or facsimile communication, the burden of proof is on the creditor to demonstrate that the electronic mail was properly addressed and sent or that the facsimile communication was properly addressed and successfully delivered or transmitted. (e) Each claim presented to the affiant must include the information required by ORS 115.025. (2)(a) A claim presented to the affiant that was not listed in the small estate affidavit shall be considered allowed as presented unless within 60 days after the date of presentment of the claim the affiant mails or delivers a notice of disallowance of the claim in whole or in part to the claimant and any attorney for the claimant. A notice of disallowance of a claim must state the reason for the disallowance and inform the claimant that the claim has been disallowed in whole or in part and, to the extent disallowed, will be barred unless: (A) The claimant files a petition for summary determination as provided in ORS 114.542; or (B) A petition for appointment of a personal representative of the estate is filed within the time allowed under ORS 114.555. (b) Statement of a reason for disallowance under this subsection is not an admission by the affiant and does not preclude the assertion of other defenses to the claim. [1989 c.228 §7; 2003 c.523 §3; 2005 c.122 §4; 2019 c.165 §10]
OR Rev Stat § 114.542 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.542 - Summary determination.

(1)(a) A creditor of an estate whose claim has been presented within the time permitted by ORS 114.540 (1) and disallowed by the affiant in whole or in part may within 30 days after the date of mailing or delivery of the notice of disallowance file with the probate court a petition for summary determination of the claim by the court. (b) A creditor of the decedent whose claim is listed in the small estate affidavit as disputed may within four months after the filing of the affidavit or amended affidavit listing the disputed claim file with the probate court a petition for summary determination of the creditor’s claim by the court. (2) The court shall hear a petition for summary determination filed under this section without a jury, after notice to the creditor and affiant, and any interested person may be heard in the proceeding. (3) The claim may be proved as provided in ORS 115.195. (4) Upon a hearing under this section 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. (5) An order of the court made upon summary determination under this section may not be appealed and may be enforced only by the filing of a petition for summary review under ORS 114.550. [2019 c.165 §12]
OR Rev Stat § 114.547 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.547 - Sales and transfers to third parties.

(1) Before the completion of the two-year period established in ORS 114.550, and in exchange for adequate consideration: (a) The affiant may transfer or sell any real property if each heir or devisee who would succeed to the interest conveyed joins in the conveyance. (b) The affiant may transfer or sell any personal property that is specifically devised to an individual devisee with the consent of the individual devisee. (c) The affiant may transfer or sell any personal property that is not specifically devised to an individual devisee without the consent of any other person. (2) Notwithstanding subsection (1) of this section, the affiant need not obtain participation or consent of any person if a transfer is required for purposes of abatement under ORS 116.133. (3) The proceeds of a sale under this section, net of the reasonable expenses of sale and any debt secured as of the date of the decedent’s death by a duly perfected lien on the property, become a part of the estate. (4) If the affiant transfers or sells any vehicle that is part of the estate under this section, the affiant shall comply with the requirements established by the Department of Transportation for such purposes under ORS 803.094. (5) If the affiant transfers or sells a manufactured structure as defined in ORS 446.561 under this section, the affiant shall assign the interest in the structure as provided in ORS 446.616. (6) Any transfer or conveyance under this section to a purchaser in good faith and for a valuable consideration transfers or conveys the interest stated in the transfer or conveyance free of any interest of the claiming successors, and the purchaser has no duty with respect to application of the consideration paid for the transfer or conveyance. [2019 c.165 §15]
OR Rev Stat § 114.549 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.549 - Liability of affiant.

An affiant may be liable for and is chargeable in the accounts of the affiant with: (1) All of the estate of the decedent that comes into the possession of the affiant at any time, including income from the estate. (2) All property not a part of the estate if: (a) The affiant has commingled the property with the assets of the estate; or (b) The property was received under a duty imposed on the affiant by law in the capacity of affiant. (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) Any other negligent or willful act or nonfeasance in the administration of the estate by which loss to the estate arises. [2019 c.165 §16]
OR Rev Stat § 114.550 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.550 - Summary review of administration of estate; hearing; order; removal of affiant; surcharge.

(1)(a) The affiant or any claiming successor of the estate who has not been paid the full amount owed the claiming successor may, within two years after the filing of a small estate affidavit, file with the probate court a petition for summary review of administration of the estate. (b) Notwithstanding paragraph (a) of this subsection, a person may file a petition for summary review under this section for the purpose of compelling the affiant to distribute property of the estate within 60 days after the completion of the two-year period described in paragraph (a) of this subsection. (c) A creditor may not file a petition under this section if the creditor received a copy of a small estate affidavit delivered or mailed to the creditor within 30 days after the date the affidavit was filed, the creditor was shown as a disputed creditor in the affidavit and the creditor has not filed a petition for summary determination under ORS 114.542. (d) A creditor may not file a petition under this section if the creditor presented a claim to the affiant, the claim was disallowed and the creditor did not file a petition for summary determination under ORS 114.542. (2) Within 30 days after the filing of a petition under subsection (1) of this section by a person other than the affiant, the affiant shall file with the court an answer to the petition for summary review. (3) The court shall hear the matter without a jury, after notice to the claiming successor and the affiant, and any interested person may be heard in the proceeding. (4) Upon the hearing: (a) The court shall review administration of the estate in a summary manner and may order the affiant to sell property of the estate and pay creditors, to pay creditors of the estate from property of the estate or of the affiant, or to distribute property of the estate to the claiming successors, or may order any person who has received property of the estate to pay amounts owed to claiming successors of the estate in whole or in part. (b) If the court allows a claim of a creditor in whole or in part, the court shall order the affiant, to the extent of property of the estate allocable to the payment of the claim pursuant to ORS 115.125, and any claiming successor to whom property of the estate has been delivered or transferred under ORS 114.505 to 114.560, to the extent of the value of the property received, to pay to the creditor the amount allowed. (c) The court may remove the affiant if the affiant failed to comply with ORS 114.505 to 114.560, surcharge the affiant for any loss caused by failure to comply with ORS 114.505 to 114.560 and authorize the substitution of a new affiant. [1989 c.228 §8; 2003 c.196 §3; 2019 c.165 §17]
OR Rev Stat § 114.552 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.552 - Filing fees.

(1) A person filing a petition for summary determination under ORS 114.542 or a petition for summary review of administration of estate under ORS 114.550, or any other appearance in a proceeding under ORS 114.505 to 114.560, must pay the filing fee established under ORS 21.135. (2) If at any time after the filing of a small estate affidavit a petition for appointment of a personal representative is filed for the same estate, the person filing the petition must pay the fees established under ORS 21.170. [2011 c.595 §25; 2019 c.165 §18]
OR Rev Stat § 114.555 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.555 - Transfer of interest of decedent in property described in affidavit.

(1)(a) If a petition to appoint a personal representative is not filed within four months after the filing of a small estate affidavit, then after the completion of the four-month period described in ORS 114.540, after all unsecured creditors of the estate have been paid to the extent of the property of the estate and before the completion of the two-year period established in ORS 114.550, the affiant shall transfer the interest of the decedent in remaining property or proceeds of property described in the affidavit to the person or persons shown by the affidavit to be entitled to the property, and any other claims against the property are barred, except: (A) As otherwise provided in this section and ORS 114.540, 114.542, 114.545 and 114.550; and (B) For the purposes of a surviving spouse’s claim for an elective share in the manner provided by ORS 114.600 to 114.725. (b) Notwithstanding paragraph (a) of this subsection, if a petition for summary review has been filed under ORS 114.550, the affiant may not transfer the interest of the decedent in the property described in the affidavit until after all claims allowed in the summary review proceeding are paid to the extent of the property of the estate. (2) Property conveyed by an affiant under this section is subject to liens and encumbrances against the decedent or the estate of the decedent. Property conveyed by an affiant under this section is subject to the rights of creditors of the decedent or the estate of the decedent until the expiration of the two-year period established in ORS 114.550. (3) When the affiant transfers an interest in real property under this section, the affiant shall cause to be recorded in the deed records of the county in which the real property is situated a bargain and sale deed conveying the property to the person entitled to the property, executed in the manner required by ORS chapter 93. (4) When the affiant transfers an interest in a manufactured structure as defined in ORS 446.561 belonging to a decedent and assessed as personal property under this section, the affiant shall file with the Department of Consumer and Business Services the necessary information for recording the successor’s interest in the manufactured structure on an ownership document. [1973 c.710 §5; 1977 c.239 §4; 1989 c.228 §10; 2009 c.574 §21; 2019 c.165 §19]