reglab/statecodes huggingface dataset:
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 simple 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) "Simple 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; 2023 c.17 §9]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 114 - Administration of Estates Generally › Section 114.510 - Simple estate criteria.

(1) A person who meets the requirements of ORS 114.515 may file a simple estate affidavit only with regard to an estate in which:
(a)(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; or
(b) The decedent died testate and:
(A) Not more than $75,000 of the fair market value of the estate is attributable to specifically devised personal property;
(B) Not more than $200,000 of the fair market value of the estate is attributable to specifically devised real property; and
(C) The balance of the fair market value of the estate is attributable to property that is devised to the trustee of a trust of which the decedent was a settlor, as defined in ORS 130.010, and which came into existence prior to the decedent’s date of death.
(2)(a) The fair market value of the estate under subsection (1) of this section shall be determined:
(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.
(b) In determining fair market value under this subsection, 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; 2023 c.17 §2]
2023 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 simple 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 simple estate affidavit. [2009 c.262 §6; 2009 c.828 §9; 2013 c.688 §18; 2019 c.165 §5; 2023 c.17 §10]
2023 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 simple 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 simple 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 simple 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 simple estate affidavit by the creditor; or
(b) Inform the creditor that the State Treasurer will file a simple 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 simple 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; 2023 c.17 §11]
2023 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 simple 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 simple 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 simple 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 simple 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 simple 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 simple 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; 2023 c.17 §4]
2023 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 simple estate affidavit is filed may be presented to the affiant within four months after the affidavit was filed. If an amended simple 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 or 130.350, 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 simple estate affidavit under ORS 114.525.
(B) If the affiant authorized creditors to present claims by electronic mail or facsimile communication in the simple 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 simple 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; 2023 c.17 §5]
2023 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 simple 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; 2023 c.17 §14]
2023 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]
2023 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]
2023 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 simple 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 simple 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; 2023 c.17 §16]
2023 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 simple 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; 2023 c.17 §17]
2023 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 simple 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; 2023 c.17 §18]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 114 - Administration of Estates Generally › Section 114.560 - Exclusive remedy.

The exclusive remedy of a person injured by the failure of the affiant or any claiming successor to comply with the requirements of ORS 114.505 to 114.560 is a summary determination under ORS 114.542, a summary review of administration under ORS 114.550 or the filing of a petition for appointment of a personal representative for the estate within the time allowed by ORS 114.555. [1989 c.228 §9; 2019 c.165 §20]
ELECTIVE SHARE FOR DECEDENTS WHO DIE ON OR AFTER
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 114 - Administration of Estates Generally › Section 114.600 - Elective share generally.

(1) If a decedent is domiciled in this state on the decedent’s date of death, and the decedent is survived by a spouse, the surviving spouse of the decedent may elect to receive the elective share provided by ORS 114.600 to 114.725. An election under ORS 114.600 to 114.725 must be made before the death of the surviving spouse by the filing of a motion or petition in the manner described in ORS 114.610. If a motion or petition is filed within the time specified in ORS 114.610, and the surviving spouse dies before payment of the elective share, the personal representative for the estate of the surviving spouse may take all steps necessary to secure payment of the elective share under ORS 114.600 to 114.725.
(2) Any amounts received under ORS 114.015 are in addition to the elective share provided for in ORS 114.600 to 114.725.
(3) If a decedent dies while domiciled outside this state, any right of a surviving spouse of the decedent to take an elective share in property in this state is governed by the law of the decedent’s domicile at death. [2009 c.574 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 114 - Administration of Estates Generally › Section 114.605 - Amount of elective share.

(1) Except as otherwise provided in ORS 114.600 to 114.725, the amount of the elective share is a dollar amount determined by multiplying the augmented estate by the percentage provided in this section. All properties included in the augmented estate shall be determined as provided in ORS 114.600 to 114.725. A court of this state has authority to order distribution under ORS 114.600 to 114.725 of all properties included in the augmented estate under ORS 114.600 to 114.725.
(2) The elective share of a surviving spouse is determined by the length of time the spouse and decedent were married to each other, in accordance with the following schedule:
______________________________________________________________________________
If the decedent The elective-share
and the spouse percentage is:
were married to
each other:
Less than 2 years 5% of the
augmented estate
2 years but less
than 3 years 7% of the
augmented estate
3 years but less
than 4 years 9% of the
augmented estate
4 years but less
than 5 years 11% of the
augmented estate
5 years but less
than 6 years 13% of the
augmented estate
6 years but less
than 7 years 15% of the
augmented estate
7 years but less
than 8 years 17% of the
augmented estate
8 years but less
than 9 years 19% of the
augmented estate
9 years but less
than 10 years 21% of the
augmented estate
10 years but less
than 11 years 23% of the
augmented estate
11 years but less
than 12 years 25% of the
augmented estate
12 years but less
than 13 years 27% of the
augmented estate
13 years but less
than 14 years 29% of the
augmented estate
14 years but less
than 15 years 31% of the
augmented estate
15 years or more
33% of the
augmented estate
______________________________________________________________________________ [2009 c.574 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 114 - Administration of Estates Generally › Section 114.610 - Manner of making election.

(1) A surviving spouse may claim the elective share only by:
(a) Filing a petition for the appointment of a personal representative for the estate of the deceased spouse, and a motion for the exercise of the election as described in paragraph (b) of this subsection, within nine months after the spouse dies.
(b) Filing a motion for the exercise of the election in a probate proceeding commenced for the estate of the deceased spouse under ORS 113.035. The motion must be filed not later than nine months after the death of the decedent. A copy of the motion must be served on the personal representative, 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. A surviving spouse may withdraw a motion for an election filed under this subsection at any time before the court enters an order granting the motion.
(c) Filing a petition for the exercise of the election under ORS 114.720 (1) within nine months after the death of the decedent.
(2) If a court determines that the elective share is payable, the court shall determine the amount of the elective share and shall order its payment pursuant to the priorities established under ORS 114.700. If it appears that property has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the property or who has possession thereof, whether as trustee or otherwise. [2009 c.574 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 114 - Administration of Estates Generally › Section 114.615 - Payment of elective share.

In determining whether any payment is required to a surviving spouse in satisfaction of the elective share provided for in ORS 114.605, the court shall consider the values of the decedent’s probate estate, the decedent’s nonprobate estate, the surviving spouse’s estate, the decedent’s probate transfers to the surviving spouse and the decedent’s nonprobate transfers to the surviving spouse. If the court determines that the aggregate value of the surviving spouse’s estate, the decedent’s probate transfers to the surviving spouse and the decedent’s nonprobate transfers to the surviving spouse do not satisfy the amount of the elective share, any additional amount required to satisfy the elective share shall be paid out of the decedent’s probate estate and the decedent’s nonprobate estate in the manner provided by ORS 114.700. [2009 c.574 §5]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 114 - Administration of Estates Generally › Section 114.620 - Waiver of right to elect and other rights.

(1) The right of election under ORS 114.600 to 114.725 may be waived, wholly or partially, before or after marriage by a written contract, agreement or waiver signed by the surviving spouse.
(2) Unless specifically provided otherwise, a written agreement that waives all rights in the property or estate of a present or prospective spouse, using the phrase "all rights" or other equivalent language, or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights to an elective share under ORS 114.600 to 114.725 by each spouse in the property of the other and a renunciation by each of all benefits that would otherwise pass to each spouse from the other by intestate succession or by virtue of any will executed before the written agreement or property settlement. [2009 c.574 §6]
Note:
Section 24, chapter 574, Oregon Laws 2009, provides:
Sec. 24.
A written contract, agreement or waiver entered into before the effective date of this 2009 Act [January 1, 2011], whether prenuptial or post-nuptial, that waives in whole or in part the elective share of a surviving spouse is effective as a waiver under section 6 of this 2009 Act [114.620] unless a court determines that the contract, agreement or waiver is not enforceable under the standards of section 6 of this 2009 Act. Section 6 (2) of this 2009 Act applies to contracts, agreements or waivers entered into before, on or after the effective date of this 2009 Act. [2009 c.574 §24]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 114 - Administration of Estates Generally › Section 114.625 - Who may exercise right of election.

The elective share may be personally claimed by a surviving spouse, or may be claimed on the surviving spouse’s behalf by a conservator, guardian or agent under the authority of a power of attorney. [2009 c.574 §7]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 114 - Administration of Estates Generally › Section 114.630 - Augmented estate.

(1) Except as otherwise provided in ORS 114.600 to 114.725, the augmented estate consists of all of the following property, whether real or personal, movable or immovable, or tangible or intangible, wherever situated:
(a) The decedent’s probate estate as described in ORS 114.650.
(b) The decedent’s nonprobate estate as described in ORS 114.660 and 114.665.
(c) The surviving spouse’s estate, as described in ORS 114.675.
(2) The value attributable to any property included in the augmented estate under ORS 114.600 to 114.725 must be reduced by the amount of all enforceable claims against the property and all encumbrances on the property. Any exemption or deduction that is allowed for the purpose of determining estate taxes on the augmented estate and that is attributable to the marriage of the decedent and the surviving spouse inures to the benefit of the surviving spouse as provided in ORS 116.343 (2).
(3) The value attributable to any property included in the augmented estate includes the present value of any present or future interest and the present value of amounts payable under any trust, life insurance settlement option, annuity contract, public or private pension, disability compensation, death benefit or retirement plan, or any similar arrangement, exclusive of the federal Social Security Act.
(4) The value attributable to property included in the augmented estate is equal to the value that would be used for purposes of federal estate and gift tax laws if the property had passed without consideration to an unrelated person on the date that the value of the property is determined for the purposes of ORS 114.600 to 114.725.
(5) In no event may the value of property be included in the augmented estate more than once. [2009 c.574 §8; 2011 c.305 §4; 2017 c.169 §26]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 114 - Administration of Estates Generally › Section 114.635 - Exclusions from augmented estate.

The augmented estate does not include:
(1) Any value attributable to future enhanced earning capacity of either spouse;
(2) Any property that is irrevocably transferred before the death of the decedent spouse;
(3) Any property that is transferred on or after the date of the death of the decedent spouse with the written joinder or written consent of the surviving spouse;
(4) Any property that is community property under ORS 112.705 to 112.775 or under the laws of the jurisdiction where the property is located; or
(5) Any property that is held by either spouse solely in a fiduciary capacity. [2009 c.574 §9; 2011 c.305 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 114 - Administration of Estates Generally › Section 114.650 - Decedent’s probate estate.

For purposes of ORS 114.600 to 114.725, a decedent’s probate estate is the value of all estate property that is subject to probate and that is available for distribution after payment of claims and expenses of administration. A decedent’s probate estate includes all property that could be administered under a simple estate affidavit pursuant to ORS 114.505 to 114.560. A decedent’s probate estate does not include any property that constitutes a probate transfer to the decedent’s surviving spouse under ORS 114.685. [2009 c.574 §10; 2023 c.17 §19]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 114 - Administration of Estates Generally › Section 114.660 - Decedent’s nonprobate estate.

For purposes of ORS 114.600 to 114.725, a decedent’s nonprobate estate consists of the property described in ORS 114.665 that is not included in the decedent’s probate estate and that does not constitute a transfer to the decedent’s surviving spouse. The value of the decedent’s nonprobate estate is reduced by all debts and liabilities of the decedent that are not paid in probate, and by all costs of administering the decedent’s nonprobate estate that are incurred for the purpose of settling claims against the nonprobate estate and distributing the nonprobate estate property to the persons entitled to that property. [2009 c.574 §11; 2011 c.305 §2]