reglab/housing_qa huggingface dataset:
OR Rev Stat § 114.225 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.225 - Possession and control of decedent’s estate.

(1) A personal representative has a right to and shall take possession and control of the estate of the decedent, but the personal representative is not required to take possession of or be accountable for property in the possession of an heir or devisee unless in the opinion of the personal representative possession by the personal representative is reasonably required for purposes of administration. (2) If a personal representative files a motion for delivery of possession of real property under ORS 111.095 (4)(e): (a) The personal representative shall state in the motion why ORS chapter 90 does not apply. (b) The personal representative shall give notice as provided in ORS 111.215 of the motion to all adult occupants of the real property whose names can be determined with reasonable effort. In addition, the personal representative shall attach written notice in a secure manner to the main entrance of any dwelling unit that is the subject of the motion. [1969 c.591 §121; 2021 c.282 §17]
OR Rev Stat § 114.255 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.255 - Commencement of duties and powers of personal representative; prior acts.

The duties and powers of a personal representative commence upon the issuance of the letters of the personal representative. The powers of a personal representative relate back in time to give the acts of the personal representative occurring prior to appointment the same effect as those occurring thereafter. A personal representative may ratify and accept acts on behalf of the estate done by others where those acts would have been proper for a personal representative. [1969 c.591 §122]
OR Rev Stat § 114.265 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.265 - General duties of personal representative.

A personal representative is a fiduciary who is under a general duty to and shall collect the income from property of the estate in the possession of the personal representative and preserve, settle and distribute the estate in accordance with the terms of the will and ORS chapters 111, 112, 113, 114, 115, 116 and 117 as expeditiously and with as little sacrifice of value as is reasonable under the circumstances. [1969 c.591 §123]
OR Rev Stat § 114.275 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.275 - Personal representative to proceed without court order; application for relief.

A personal representative shall proceed with the administration, settlement and distribution of the estate without adjudication, order or direction of the court, except as otherwise provided in ORS chapters 111, 112, 113, 114, 115, 116 and 117. However, a personal representative or any interested person may apply to the court for relief pursuant to ORS 111.095 (4). [1969 c.591 §124; 2021 c.282 §18]
OR Rev Stat § 114.285 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.285 - Naming or appointment of personal representative does not discharge claim.

The naming or appointment of any person as personal representative does not discharge any claim which the decedent had against that person. The claim shall be included in the inventory. If the person agrees to act as personal representative, the person is liable for the claim as for so much money in the hands of the person at the time the claim becomes due and payable; otherwise the person is liable for the claim as any other debtor of the decedent. [1969 c.591 §125]
OR Rev Stat § 114.295 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.295 - Discharge or devise in will of claim of testator.

The discharge or devise in a will of a claim of the testator against a personal representative or against any other person is of no effect as against creditors of the decedent. The claim shall be included in the inventory and for purposes of administration shall be regarded and treated as a specific devise of the amount of the claim. [1969 c.591 §126]
OR Rev Stat § 114.315 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.315 - Right to perfect lien or security interest.

A personal representative has the same rights to perfect a lien or security interest as the decedent would have had if the decedent were living. [1969 c.591 §128]
OR Rev Stat § 114.325 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.325 - Power to sell, mortgage, lease and deal with property.

(1) Except as provided in subsection (2) of this section, and subject to ORS 113.105, a personal representative has power to sell, mortgage, lease or otherwise deal with property of the estate without notice, hearing or court order. (2) Exercise of the power of sale by the personal representative is improper, except after notice, hearing and order of the court, if: (a) The sale is in contravention of the provisions of the will; or (b) The property is specifically devised and the will does not authorize its sale. (3) Notwithstanding ORS chapters 270, 273 and 274, an estate administrator of the State Treasurer appointed under ORS 113.235 or the Director of Human Services or Director of the Oregon Health Authority serving as a personal representative may deal with property of the estate as a personal representative under this section. [1969 c.591 §129; 2017 c.169 §25; 2019 c.678 §39]
OR Rev Stat § 114.333 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.333 - Transfer of title and interest to real property by foreign personal representative.

Upon performance of a recorded contract of sale of real property the foreign personal representative of a deceased vendor whose estate is being administered in a foreign jurisdiction may convey the title and interest of the vendor in the property to the vendee or the assignee of the vendee upon recording in the deed records of the county where the property is located a certified copy of letters testamentary or of administration. The certificate shall include a statement that the letters are in effect. [1973 c.506 §28]
OR Rev Stat § 114.335 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.335 - Court order for sale, mortgage or lease.

Upon proof satisfactory to the court by an interested person that a sale, mortgage or lease of property of the estate is required for paying support of spouse and children, elective share of surviving spouse, claims or expenses of administration, or for distribution, and that the personal representative has failed or declined to act, the court may order the personal representative to make the sale, mortgage or lease. [1969 c.591 §130]
OR Rev Stat § 114.345 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.345 - Title conveyed free of claims of creditors.

Property sold, mortgaged or leased by a personal representative is subject to liens and encumbrances against the decedent or the estate of the decedent, but is not subject to rights of creditors of the decedent or liens or encumbrances against the heirs or devisees of the decedent. The filing and allowance of a claim in an estate proceeding does not make the claimant a secured creditor. [1969 c.591 §131]
OR Rev Stat § 114.355 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.355 - Sale or encumbrance to personal representative voidable; exceptions.

(1) Any sale or encumbrance to the personal representative, the spouse, agent or attorney of the personal representative, or any corporation or trust in which the personal representative has more than a one-third beneficial interest, is voidable unless: (a) The transaction was consented to by all interested persons affected thereby; or (b) The will expressly authorizes the transaction by the personal representative; or (c) The transaction was made in compliance with another statute or with a contract or other instrument executed by the decedent. (2) The title of a purchaser for value without notice of the circumstances of the transaction with the personal representative is not affected unless the purchaser should have known of the defect in the title of the seller. [1969 c.591 §132]
OR Rev Stat § 114.365 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.365 - Validation of certain sales.

The following are the subject of validating Acts: (1) Certain sales of decedent’s real property made prior to 1903 where confirmation of sale was premature, validated by page 133, section 2, General Laws of Oregon 1903. (2) Certain sales of decedent’s property made prior to 1907 under power in will, validated by chapter 175, General Laws of Oregon 1907. (3) Certain sales of decedent’s real property made prior to 1917 where publication of the notice of sale was improper, validated by section 2, chapter 114, General Laws of Oregon 1917. (4) Certain sales by executors or administrators made prior to 1943, validated by chapter 26, Oregon Laws 1943. [Formerly 116.835]
OR Rev Stat § 114.375 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.375 - Nonliability of transfer agents.

A transfer agent or a corporation transferring its own securities incurs no liability to any person by making a transfer of securities of an estate as requested or directed by a personal representative. [1969 c.591 §134]
OR Rev Stat § 114.385 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.385 - Persons dealing with personal representative; protection.

A person dealing with or assisting a personal representative without actual knowledge that the personal representative is improperly exercising the power of the personal representative is protected as if the personal representative properly exercised the power. The person is not bound to inquire whether the personal representative is properly exercising the power of the personal representative, and is not bound to inquire concerning the provisions of any will or any order of court that may affect the propriety of the acts of the personal representative. No provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge of the provision or order. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection expressed in this section extends to a person dealing with or assisting a personal representative appointed under ORS 113.085 without actual knowledge that the personal representative was not qualified as provided in ORS 113.095 or that the appointment of the personal representative involved procedural irregularity. [1969 c.591 §135; 2017 c.169 §52]
OR Rev Stat § 114.395 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.395 - Improper exercise of power; breach of fiduciary duty.

If the exercise of power by a personal representative in the administration of an estate is improper, the personal representative is liable for breach of fiduciary duty to interested persons for resulting damage or loss to the same extent as a trustee of an express trust. Exercise of power in violation of a court order is a breach of duty. Exercise of power contrary to the provisions of the will may be a breach of duty. [1969 c.591 §136]
OR Rev Stat § 114.405 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.405 - Personal liability of personal representative.

(1) The personal liability of a personal representative to third parties, as distinguished from fiduciary accountability to the estate, arising from the administration of the estate is that of an agent for a disclosed principal. (2) A personal representative is not personally liable on contracts properly entered into in the fiduciary capacity in the course of administration of the estate unless the personal representative expressly agrees to be personally liable. (3) A personal representative is not personally liable for obligations arising from possession or control of property of the estate or for torts committed in the course of administration of the estate unless the personal representative is personally at fault. (4) Claims based upon contracts, obligations and torts of the types described in subsections (2) and (3) of this section may be allowed against the estate whether or not the personal representative is personally liable therefor. [1969 c.591 §137]
OR Rev Stat § 114.415 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.415 - Copersonal representatives; when joint action required.

(1) When two or more persons are appointed copersonal representatives, the concurrence of all is required for all acts connected with the administration and distribution of the estate, except: (a) Any copersonal representative may receive and receipt for property due the estate. (b) When the concurrence of all cannot readily be obtained in the time reasonably available for emergency action. (c) Where any others have delegated their power to act. (d) Where the will provides otherwise. (e) Where the court otherwise directs. (2) Persons dealing with a copersonal representative who are actually unaware that another has been appointed to serve with the person are as fully protected as if the person with whom they dealt had been the sole personal representative. [1969 c.591 §138]
OR Rev Stat § 114.425 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.425 - Discovery of property, writings and information.

(1) The court may order any person to appear and give testimony by deposition if it appears probable that the person: (a) Has concealed, secreted or disposed of any property of the estate of a decedent; (b) Has been entrusted with property of the estate of a decedent and fails to account therefor to the personal representative; (c) Has concealed, secreted or disposed of any writing, instrument or document pertaining to the estate; (d) Has knowledge or information that is necessary to the administration of the estate; or (e) As an officer or agent of a corporation, has refused to allow examination of the books and records of the corporation that the decedent had the right to examine. (2) If a person cited as provided in subsection (1) of this section fails to appear or to answer questions asked as authorized by the order of the court, the person is in contempt and may be punished as for other contempts. [1969 c.591 §139; 1979 c.284 §106]
OR Rev Stat § 114.435 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.435 - Power to avoid transfers.

The property liable for the payment of expenses of administration, funeral expenses, claims and taxes shall include property transferred by the decedent with intent to defraud the creditors of the decedent or transferred by any means which is in law void or voidable as against the creditors of the decedent. The right to recover that property so far as necessary for the payment of those expenses, claims and taxes is in the personal representative, who shall take necessary steps to recover it. That property constitutes general assets for the payment of creditors. [1969 c.591 §140]
OR Rev Stat § 114.441 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.441 - Definitions for ORS 114.441 to 114.462.

As used in ORS 114.441 to 114.462: (1) "Beneficiary" means a person for whose benefit an action against a wrongdoer may be brought under ORS 30.020. (2) "Interested person" has the meaning given that term in ORS 111.005. (3) "Personal injury claim" means a cause of action arising out of injuries to a decedent, caused by the wrongful act or omission of another, that do not result in the death of the decedent. (4) "Wrongful death claim" means a cause of action arising out of injuries to a decedent, caused by the wrongful act or omission of another, that result in the death of the decedent. [2019 c.166 §1] Note: 114.441 to 114.462 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 114 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 114.444 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.444 - Application.

Except as specifically provided in ORS 114.441 to 114.462, ORS 30.010 to 30.100 and 119.006 to 119.081 and ORS chapters 111, 112, 113, 114, 115, 116, 117 and 118 apply to wrongful death claims and estates with personal injury claims. [2019 c.166 §2] Note: See note under 114.441.
OR Rev Stat § 114.447 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.447 - Court approval of settlement of personal injury claim or wrongful death claim.

(1) The parties to a personal injury claim or a wrongful death claim may enter into a settlement agreement, subject to the approval of the probate court, whether or not an action asserting the personal injury claim or the wrongful death claim has been commenced. The personal representative shall petition the probate court for approval of the proposed settlement. The petition need not state the amount of the proposed settlement. (2) A petition to approve a settlement under this section must be accompanied by a declaration under penalty of perjury of the attorney for the personal representative in the personal injury claim or the wrongful death claim: (a) Stating whether the claim being settled is a personal injury claim or a wrongful death claim; (b) Describing the incident causing the injury or death; (c) Describing the injuries; (d) Stating the amount of the claim; (e) Stating the amount of the settlement; (f) Stating the amount of attorney fees and costs; (g) Stating the amount of payments or reimbursements owed under ORS 30.030 (3) and, in the case of a personal injury claim, under ORS 416.540; (h) Stating the amount of any personal representative fee attributable to a wrongful death claim; (i) Stating the reasons for the settlement and the efforts to maximize recovery; (j) Stating that the attorney has examined the applicable medical records; and (k) Explaining why it is appropriate to settle the case. [2019 c.166 §3] Note: See note under 114.441.
OR Rev Stat § 114.450 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.450 - Deferral of requirements.

If the only asset of an estate is a personal injury cause of action that has not been adjudicated or settled, the court shall: (1) Defer bond requirements until a settlement of the personal injury claim is approved under ORS 114.447; and (2) Accept an annual report on the status of the personal injury claim in lieu of the annual account required under ORS 116.083. [2019 c.166 §4] Note: See note under 114.441.
OR Rev Stat § 114.453 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.453 - Petition for appointment of personal representative.

Any beneficiary, any interested person or the person nominated as personal representative named in the will may petition for the appointment of a personal representative for the sole purpose of pursuing a claim for the wrongful death of the decedent. Except as provided in ORS 114.459, a personal representative appointed under this section has all the duties of a personal representative under ORS 119.006 to 119.081 and ORS chapters 113, 114, 115, 116, 117 and 118. In addition to the information required under ORS 113.035, a petition filed under this section must include the following information, so far as known: (1) A statement that the petitioner is filing the petition for the sole purpose of pursuing a wrongful death claim; (2) The names, relationship to the decedent and post-office addresses of beneficiaries, and the ages of any beneficiaries who are minors; and (3) A statement that reasonable efforts have been made to identify and locate all beneficiaries. If the petitioner knows of any actual or possible omissions from the list of beneficiaries, the petition must include a statement indicating that there are omissions from the information relating to beneficiaries. [2019 c.166 §5] Note: See note under 114.441.
OR Rev Stat § 114.459 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.459 - Waiver of requirements.

(1) When a personal representative is appointed ORS 114.453 and no assets of the estate have been discovered: (a) The following requirements are waived: (A) Information to devisees, heirs and interested persons of appointment of personal representative under ORS 113.145; (B) Publication of notice under ORS 113.155; (C) The bond required under ORS 113.105; (D) Proof of compliance of diligent search for claimants under ORS 115.003; and (E) The inventory required under ORS 113.165. (b) The personal representative may file an annual report on the status of the wrongful death claim in lieu of the annual account required under ORS 116.083. (c) In lieu of filing a final account under ORS 116.083 (4), the personal representative may file a motion to close the estate ORS 114.462. (2) This section does not limit or modify the provisions of ORS 30.030 (3). [2019 c.166 §7] Note: See note under 114.441.