No particular pleadings or forms thereof are required in the exercise of jurisdiction of probate courts. The mode of procedure in the exercise of jurisdiction is in the nature of an action not triable by right to a jury except as otherwise provided by statute. The proceedings shall be in writing and upon the petition of a party in interest or the order of the court. All petitions, reports and accounts in proceedings before a probate court must include a declaration under penalty of perjury in the form required by ORCP 1 E made by at least one of the persons making the petitions, reports and accounts or by the attorney for the person, or in case of a corporation by its agent. The court exercises its powers by means of:
(1) A petition of a party in interest.
(2) A notice to a party.
(3) A subpoena to a witness.
(4) Orders and judgments.
(5) An execution or warrant to enforce its orders and judgments. [1969 c.591 §12; 1979 c.284 §104; 2007 c.284 §1]
Note: Section 5, chapter 284, Oregon Laws 2007, provides:
Sec. 5. The amendments to ORS 111.205, 116.083, 116.253 and 125.325 by sections 1 to 4 of this 2007 Act apply only to petitions, reports and accounts filed in proceedings before a probate court on or after the effective date of this 2007 Act [January 1, 2008]. [2007 c.284 §5]Section: Previous 111.140 111.150 111.160 111.165 111.170 111.175 111.185 111.205 111.210 111.212 111.215 111.218 111.220 111.225 111.230 Next
Last modified: August 7, 2008