reglab/housing_qa huggingface dataset:
OR Rev Stat § 114.710 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.710 - Protective order.

(1) If a surviving spouse has filed a motion or petition described in ORS 114.610, the surviving spouse or any person who has received any part of the decedent’s probate or nonprobate estate may request, at any time after the filing, that the court issue a protective order. The protective order shall prohibit or impose conditions on the transfer of property included in the augmented estate. The protective order may be served on any person holding property included in the augmented estate. (2) Upon the filing of a motion or petition under ORS 114.610, any person who has received any part of the decedent’s probate or nonprobate estate and who is required to make a contribution toward the satisfaction of the elective share may file a motion or petition with the court requesting a determination of the amount of the person’s proportionate contribution toward the satisfaction of the elective share. Upon that determination being made, the person may deposit with the court the amount so determined in the form of money or a bond or other security. The deposit discharges the person from all claims relating to the satisfaction of the elective share. In lieu of deposit with the court under this subsection the court may require that the money or security be deposited with a person designated by the court. (3) If a surviving spouse has filed a motion or petition described in ORS 114.610, and a notice of pendency of action under ORS 93.740 is recorded, a temporary restraining order is issued under ORCP 79, or provisional process is issued under ORCP 83, an owner of the property that is subject to the notice, order or process may seek relief from the notice, order or process by providing a bond or other security to the court in such amount as the court may determine adequate to satisfy the person’s proportionate contribution toward the satisfaction of the elective share. [2009 c.574 §18]
OR Rev Stat § 114.720 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.720 - Proceedings to claim elective share.

(1) A surviving spouse may claim the elective share by filing a petition for the exercise of the election in a circuit court within the time allowed by ORS 114.610 (1)(c). Venue for the proceeding is as provided in ORS 113.015. A copy of the petition must be served on all persons who would be entitled to receive information under ORS 113.145 and on all distributees and recipients of portions of the augmented estate known to the surviving spouse who can be located with reasonable efforts. The fee for filing a petition under this subsection shall be the amount prescribed in ORS 21.170, based on the value of the nonprobate estate. The Oregon Rules of Civil Procedure apply to proceedings under this section. Any party to a proceeding under this section may request that the pleadings and records in the proceeding be sealed. (2) A surviving spouse may withdraw a petition filed under this section at any time before entry of a judgment on the petition. (3) If a probate proceeding is commenced for the estate of the deceased spouse under ORS 113.035 either before or after a petition is filed under this section, the court shall consolidate the proceedings under this section with the probate proceedings. [2009 c.574 §19; 2011 c.595 §125]
OR Rev Stat § 114.725 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 114 - Administration of Estates Generally|Section 114.725 - Effect of separation.

If the decedent and the surviving spouse were living apart at the time of the decedent’s death, whether or not there was a judgment of legal separation, the court may deny any right to an elective share or may reduce the elective share to such amount as the court determines reasonable and proper. In deciding if all or part of the elective share should be denied, the court shall consider whether the marriage was a first or subsequent marriage for either or both of the spouses, the contribution of the surviving spouse to the property of the decedent in the form of services or transfers of property, the length and cause of the separation and any other relevant circumstances. [2009 c.574 §20]
OR Rev Stat § 115.001 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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. [1973 c.506 §35]
OR Rev Stat § 115.008 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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. [1999 c.675 §3; 2001 c.620 §4]
OR Rev Stat § 115.025 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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. [1969 c.591 §142; 1973 c.506 §31; 2017 c.169 §55]
OR Rev Stat § 115.035 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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. [1969 c.591 §143; 1973 c.506 §32]
OR Rev Stat § 115.045 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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. [1969 c.591 §144]
OR Rev Stat § 115.055 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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. [1969 c.591 §145]
OR Rev Stat § 115.065 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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 creditor’s 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. [1969 c.591 §146; 1989 c.229 §5; 2017 c.169 §28]
OR Rev Stat § 115.070 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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 decedent’s 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 decedent’s 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 decedent’s 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 115.125 as the claim would have had were it not reduced to judgment. [1989 c.229 §11; 2017 c.169 §29]
OR Rev Stat § 115.075 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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. [1969 c.591 §147]
OR Rev Stat § 115.085 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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. [1969 c.591 §148]
OR Rev Stat § 115.095 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 115.095 - Compromise of claims.

The personal representative may compromise a claim against the estate of a decedent. [1969 c.591 §149]
OR Rev Stat § 115.105 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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. [1969 c.591 §150; 1973 c.506 §33; 2017 c.169 §56]
OR Rev Stat § 115.115 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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. [1969 c.591 §151; 1989 c.229 §6]
OR Rev Stat § 115.135 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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 115.005 the personal representative mails or delivers a notice of disallowance of the claim in whole or in part to the claimant and, if any, the attorney of the claimant. The personal representative shall file in the estate proceeding the claim as presented and a copy of the notice of disallowance. (2) A notice of disallowance of a claim shall 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 the claimant proceeds as provided in ORS 115.145. Statement of a reason for disallowance under this subsection is not an admission by the personal representative and does not preclude the assertion of other defenses to the claim. (3) The personal representative may rescind the previous allowance of an unpaid claim, if the claim was allowed because of error, misinformation or excusable neglect. Not less than 30 days before the date of the filing of the final account the personal representative shall give notice of rescission of previous allowance of a claim to the claimant and, if any, the attorney of the claimant in the same manner and containing the same information as a notice of disallowance. (4) If allowed, the claim shall be paid only to the extent of the assets of the estate available for the payment of the claim pursuant to the priorities established in ORS 115.115 and 115.125. (5)(a) If the petition for appointment of the personal representative states that no assets of the estate are known to the petitioner and no assets of the estate have come into the possession or knowledge of the personal representative, the personal representative has no duty to allow or disallow claims presented to the personal representative. (b) If the petition for appointment of the personal representative states that no assets or property of the estate are known to the petitioner and assets of the estate later come into the possession or knowledge of the personal representative, a claim presented to the personal representative before the filing of the inventory or supplemental inventory first showing assets of the estate shall be considered allowed as presented unless within 60 days after the date of filing of the inventory or supplemental inventory the personal representative mails or delivers a notice of disallowance of the claim in whole or in part to the claimant and, if any, the attorney of the claimant. The personal representative shall file in the estate proceeding the claim as presented and a copy of the notice of disallowance. [1969 c.591 §153; 2017 c.169 §31; 2019 c.414 §7]
OR Rev Stat § 115.145 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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. [1969 c.591 §154; 1989 c.229 §7; 2017 c.169 §32]
OR Rev Stat § 115.155 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 115.155 - Separate action required by personal representative.

If the claimant files a request for summary determination of the claim as provided in ORS 115.145, the personal representative, within 30 days after the date of service of a copy of the request upon the personal representative or the attorney of the personal representative, may notify the claimant in writing that if the claimant desires to prove the claim the claimant must commence a separate action against the personal representative on the claim within 60 days after the date of receipt of such notice. If the claimant fails to commence a separate action within 60 days after the date of receipt of the notice, the claim, to the extent disallowed by the personal representative, is barred. [1969 c.591 §155]
OR Rev Stat § 115.165 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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. [1969 c.591 §156]
OR Rev Stat § 115.175 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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. [1969 c.591 §157]
OR Rev Stat § 115.185 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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 the first 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]
OR Rev Stat § 115.195 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 115 - Claims; Actions and Suits|Section 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 provider’s 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. [1969 c.591 §159; 2003 c.523 §2; 2011 c.720 §61; 2013 c.688 §20; 2021 c.282 §19]