reglab/housing_qa huggingface dataset:
OR Rev Stat § 113.005 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.005 - Special administrators.

(1) If, prior to appointment and qualification of a personal representative, property of a decedent is in danger of loss, injury or deterioration, or disposition of the remains of a decedent is required, the court may appoint a special administrator to take charge of the property or the remains. The petition for appointment must state the reasons for special administration and specify the property, so far as known, requiring administration, and the danger to which it is subject. (2)(a) Except as provided in ORS 113.007, the special administrator may not act, and letters may not be issued to the special administrator, until the special administrator provides a bond to the clerk of the court. The bond must be for the security and benefit of all interested persons and must be conditioned upon the special administrator faithfully performing the duties of the position. The bond must be executed by a surety qualified under ORCP 82 D to G. (b) The amount of the bond set by the court under this subsection must be adequate to protect interested persons. In setting the amount of the bond, the court shall consider: (A) The nature, liquidity and apparent value of the property subject to administration. (B) The anticipated income during administration. (C) The probable indebtedness and taxes. (3) The court may authorize the special administrator to: (a) Arrange for and incur expenses for the funeral of the decedent; (b) Incur expenses for the protection of property of the estate; and (c) Administer property of the estate. (4) The special administrator may not approve or reject claims of creditors or pay claims or expenses of administration or take possession of assets of the estate other than those in danger of loss, injury or deterioration pending the appointment of a personal representative. (5) Upon the appointment and qualification of a personal representative the powers of the special administrator cease. Within 30 days after the issuance of letters testamentary or letters of administration to a personal representative, the special administrator shall make and file an account and deliver to the personal representative the assets of the estate in the possession of the special administrator. If the personal representative objects to the account of the special administrator, the court shall hear the objections, and, whether or not objections are made, shall examine the account. (6) To the extent approved by the court, the compensation of the special administrator and expenses properly incurred by the special administrator, including a reasonable fee of the attorney of the special administrator, shall be paid as expenses of administration. [1969 c.591 §80; 1999 c.592 §1; 2016 c.42 §20; 2017 c.169 §4]
OR Rev Stat § 113.007 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.007 - Exceptions to bond requirement for special administrator.

(1) A special administrator is not required to provide a bond to the court under ORS 113.005 (2) if a will provides that no bond is required of the person appointed as special administrator, but the court may, for good cause, require a bond notwithstanding any provision in a will that no bond is required. (2) Upon a request by the special administrator, the court may waive the requirement of a bond if: (a) The request states the reasons why the waiver is requested; and (b) The request describes the known creditors of the estate, if the special administrator will administer property of the estate. (3) Upon a request by the special administrator, the court may waive or reduce the requirement of a bond if the court orders the special administrator to provide written confirmation from a financial institution that property of the estate is held by the financial institution subject to withdrawal only on order of the court. [2017 c.169 §6]
OR Rev Stat § 113.015 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.015 - Venue.

(1) The venue for a proceeding seeking the appointment of a personal representative and for a proceeding to probate a will is: (a) In the county where the decedent had a domicile or where the decedent had a place of abode at the time of death; (b) In any county where property of the decedent was located at the time of death or is located at the time the proceeding is commenced; (c) In the county in which the decedent died; or (d) In the county where a personal injury claim or wrongful death claim, as those terms are defined in ORS 114.441, could be maintained. (2) Filing a proceeding in a county other than specified in subsection (1) of this section does not constitute a jurisdictional defect. [1969 c.591 §81; 2019 c.166 §12]
OR Rev Stat § 113.025 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.025 - Proceedings commenced in more than one county.

(1) If proceedings seeking the appointment of a personal representative of the same estate or proceedings to probate a will of the same decedent are commenced in more than one county, they shall be stayed except in the county where first commenced until final determination there of venue. A proceeding is considered commenced by the filing of a petition. In determining venue, if the court finds that transfer to another county where a proceeding has been commenced is for the best interest of the estate, it may in its discretion order such transfer. (2) When the court enters an order transferring the proceeding to another county, the clerk of the court shall notify the court for the other county of the order, and the court for the other county has exclusive jurisdiction of the proceeding to the same extent and with like effect as though the proceeding were in the court on original jurisdiction. [1969 c.591 §82; 2017 c.252 §12]
OR Rev Stat § 113.027 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.027 - Limitation on admission of will to probate.

A will may not be admitted to probate or an estate reopened to admit a will to probate more than one year after the estate of the decedent has been administered in Oregon and closed. [1973 c.506 §21]
OR Rev Stat § 113.038 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.038 - Request for different method of compensation of personal representative.

(1) A petition for the appointment of a personal representative under ORS 113.035 may include a request for the compensation of the personal representative to be determined by a different method than as provided in ORS 116.173 (3). The petition must set forth specific facts showing that the compensation calculated under ORS 116.173 (3) would be inadequate to compensate the personal representative for the reasonable value of the personal representative’s services. The court may grant the request if the court finds that compensation as provided in ORS 116.173 (3) would be inadequate. (2) If the petition includes a request for a different method of compensation under this section: (a) The petitioner shall give notice and a copy of the petition to the distributees of the estate, the Department of Human Services and the Oregon Health Authority. The notice shall allow 20 days for filing objections to the petition unless the court allows a different time. (b) A judgment appointing a personal representative under ORS 113.035 may not be entered until the court has held a hearing on the petition including the request or the time for filing objections to the petition has expired without an objection being filed. (3) If the court allows the petitioner’s request for a different method of compensation under this section, the personal representative may, at any time prior to or at the time of the filing of the final account or the statement in lieu of the final account under ORS 116.083, elect to be compensated as provided in ORS 116.173 (3). (4) Failure by the department, the authority or a distributee to object to a request for a different method of compensation under this section does not preclude the department, the authority or a distributee from objecting to the amount of the personal representative’s compensation set forth in the final account filed under ORS 116.083 on the basis that the compensation exceeds the reasonable value of the services actually provided by the personal representative. [2017 c.169 §9]
OR Rev Stat § 113.045 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.045 - Information of escheat to State Treasurer.

(1) Upon appointment, a personal representative shall deliver or mail to the State Treasurer a copy of the petition filed under ORS 113.035, and a copy of any last will of the decedent, if the personal representative has not identified and found all heirs and devisees of the decedent. The personal representative shall file proof of the delivery or mailing with the court. (2) If at any time after the appointment of a personal representative it appears that any heir or devisee of the decedent cannot be identified and found, the personal representative shall promptly deliver or mail to the State Treasurer a notice indicating that an heir or devisee cannot be identified and found. The personal representative shall file proof of the delivery or mailing with the court. (3) This section does not affect the requirements of ORS 113.085 (3). [1969 c.591 §84; 2003 c.395 §11; 2007 c.284 §9; 2017 c.169 §10; 2019 c.678 §32]
OR Rev Stat § 113.055 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.055 - Testimony of attesting witnesses to will.

(1) Upon the ex parte review of a petition for the probate of a will, an affidavit of an attesting witness may be used instead of the personal presence of the witness in court. The witness may give evidence of the execution of the will by attaching the affidavit to the will or to a photographic or other facsimile copy of the will and may identify the signature of the testator and witnesses to the will by use of the will or the copy. The affidavit shall be received in evidence by the court and have the same weight as to matters contained in the affidavit as if the testimony were given by the witness in open court. The affidavit of the attesting witness may be made at or after the time of execution of the will. (2) However, upon motion of any person interested in the estate filed within 30 days from the date the personal representative first delivers or mails information under ORS 113.145 (1), the court may require that the witness making the affidavit be brought before the court. If the witness is outside the reach of a subpoena, the court may order that the deposition of the witness be taken. (3) If the evidence of none of the attesting witnesses is available, the court may allow proof of the will by testimony or other evidence that the signature of the testator or at least one of the witnesses is genuine. (4) In the event of contest of the will or of probate of the will in solemn form, proof of any facts shall be made in the same manner as in an action tried without a jury. [1969 c.591 §85; 1979 c.284 §105; 2017 c.169 §11]
OR Rev Stat § 113.065 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.065 - Establishing foreign wills.

(1) The written will of a testator who died domiciled outside this state, which upon probate may operate upon property in this state, may be admitted to probate upon petition, by filing a certified copy of the will and a certified copy of the order admitting the will to probate or evidencing its establishment in the jurisdiction where the testator died domiciled. (2) A will offered for probate under this section may be contested for a cause that would be grounds for rejection of a will of a testator who died domiciled in this state. [1969 c.591 §86; 2017 c.169 §49]
OR Rev Stat § 113.075 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.075 - Will contest.

(1) Any interested person may contest the probate of the will or the validity of the will or assert an interest in the estate for the reason that: (a) The will alleged in the petition for probate to be the will of the decedent is ineffective in whole or part; (b) There exists a will that has not been alleged in the petition to be the will of the decedent; or (c) The decedent agreed, promised or represented that the decedent would make or revoke a will or devise, or not revoke a will or devise, or die intestate. (2) An action described in subsection (1) of this section must be commenced by the filing of a petition in the probate proceedings, except that an action described in subsection (1)(c) of this section may be commenced by the filing of a separate action in any court of competent jurisdiction. (3) An action described in subsection (1) of this section must be commenced before the later of: (a) Four months after the date of delivery or mailing of the information described in ORS 113.145 if that information was required to be delivered or mailed to the person on whose behalf the action under subsection (1) of this section is filed; or (b) Four months after the first publication of notice to interested persons if the person on whose behalf the action under subsection (1) of this section is filed was not required to be named in the petition for probate as an interested person. (4)(a) A person who commences an action under subsection (1) of this section shall give notice of the action to heirs and devisees identified in the petition for probate or amended petition for probate, and to the State Treasurer if the personal representative has delivered or mailed information to the State Treasurer under ORS 113.045. (b) If any devisee under the contested will is a charitable trust as described in ORS 130.170, a public benefit corporation as defined in ORS 65.001 or a religious organization, a person who commences an action under subsection (1) of this section shall give notice to the Attorney General of the action. (5) A cause of action described in subsection (1)(c) of this section may not be presented as a claim under ORS chapter 115. [1969 c.591 §87; 1973 c.506 §23; 1991 c.704 §2; 2017 c.169 §12; 2019 c.678 §33]
OR Rev Stat § 113.086 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.086 - Approval of attorneys who are eligible to be personal representative for decedent who received 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 be appointed as personal representatives under ORS 113.085 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 appointed as a personal representative. [2009 c.262 §2; 2009 c.828 §6; 2013 c.688 §15]
OR Rev Stat § 113.087 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.087 - Effect of accepting appointment as personal representative; notices to be sent to representative.

(1) By accepting appointment, a personal representative, whether a resident or nonresident of this state, submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. (2) Notice of any proceeding shall be delivered to the personal representative or mailed to the personal representative by ordinary first class mail at the address as listed in the petition for appointment or as thereafter reported to the court. If the personal representative has an address different from that listed in the petition or reported to the court, the person giving the notice shall also mail the notice to that address if it is known to the person. [1973 c.506 §22]
OR Rev Stat § 113.090 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.090

[Amended by 1969 c.591 §79; renumbered 112.695]
OR Rev Stat § 113.092 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.092 - Convicted felon as nominated personal representative.

(1) A person nominated as personal representative who has been convicted of a felony shall inform the court of the conviction. The conviction shall not disqualify the nominee from acting as personal representative unless the court finds that the facts underlying the conviction are substantially similar to facts which would constitute grounds for removal of a personal representative under ORS 113.195 (2), and the court has reasonable grounds to believe that such person will be unfaithful to or neglectful of the trust. (2) A nominee who fails to inform the court of a felony conviction may be disqualified from acting as personal representative. A personal representative who so fails to inform the court may be removed. [1975 c.781 §8]
OR Rev Stat § 113.095 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.095 - Persons not qualified to act as personal representatives.

A person is not qualified to act as personal representative if the person is: (1) Incapacitated or financially incapable, as those terms are defined in ORS 125.005. (2) A minor. (3) A person suspended for misconduct or disbarred from the practice of law, during the period of suspension or disbarment. (4) A person who has resigned from the Oregon State Bar when charges of professional misconduct are under investigation or when disciplinary proceedings are pending against the person, until the person is reinstated. (5) A licensed funeral service practitioner unless the decedent was: (a) A relative of the licensed funeral service practitioner; or (b) A licensed funeral service practitioner who was a partner, employee or employer in the practice of the licensed funeral service practitioner who is petitioning for appointment as personal representative. [1969 c.591 §89; 1973 c.308 §1; 1973 c.506 §24; 1975 c.781 §6; 1993 c.287 §1; 2001 c.779 §11; 2003 c.14 §43; 2017 c.169 §14]
OR Rev Stat § 113.115 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.115 - Increasing, reducing or requiring new bond.

The court may increase or reduce the amount of the bond of a personal representative, or require a new bond, if it appears to the court that the bond was inadequate or excessive or a new bond is necessary. The surety on the bond may be discharged from liability by an order made pursuant to ORS 33.510 and 33.520. [1969 c.591 §91]
OR Rev Stat § 113.125 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.125 - Letters testamentary or of administration.

(1) The court shall issue letters testamentary or letters of administration to the personal representative appointed by the court upon the filing with the clerk of the court the bond, if any, required by the court. (2) The letters testamentary or letters of administration must reflect any conditions or limitations imposed by the court on the fiduciary. (3) Letters testamentary may be in the following form: ______________________________________________________________________________ LETTERS TESTAMENTARY No. _______________ THIS CERTIFIES that the will of _______________, deceased, has been proved and _______________ has (have) been appointed and is (are) at the date hereof the duly appointed, qualified and acting _____________________ (Personal Representative(s) with the Will Annexed) of the will and estate of the decedent. IN WITNESS WHEREOF, I, as Clerk of the Circuit Court of the State of Oregon for the County of _______________, in which proceedings for administration upon the estate are pending, subscribe my name and affix the seal of the court this ___ day of ______, 2__. ______________ Clerk of the Court By __________________ Deputy ______________________________________________________________________________ (4) Letters of administration may be in the following form: ______________________________________________________________________________ LETTERS OF ADMINISTRATION No. ____________ THIS CERTIFIES that _____ has (have) been appointed and is (are) at the date hereof the duly appointed, qualified and acting personal representative(s) of the estate of _____, deceased, and that no will of the decedent has been proved in this court. IN WITNESS WHEREOF, I, as Clerk of the Circuit Court of the State of Oregon for the County of _____, in which proceedings for administration upon the estate are pending, subscribe my name and affix the seal of the court this ___ day of _____, 2__. ______________ Clerk of the Court By __________________ Deputy ______________________________________________________________________________ [1969 c.591 §92; 2017 c.169 §16; 2021 c.282 §16]
OR Rev Stat § 113.135 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 113 - Initiation of Estate Proceedings|Section 113.135 - Designation of attorney to be filed.

If the personal representative has employed an attorney to represent the personal representative in the administration of the estate, the personal representative shall file in the estate proceeding the name and post-office address of the attorney unless that information appears in the petition or the order appointing the personal representative. [1969 c.591 §93]