Oregon Statutes - Chapter 114 - Administration of Estates Generally

114.005 Occupancy of family abode by spouse and children.
The spouse and dependent children of a decedent, or any of them, may continue to occupy the principal place of abode of the decedent until...
114.010 [Repealed by 1969 c.591 §305]
114.015 Support of spouse and children.
The court by order shall make necessary and reasonable provision from the estate of a decedent for the support of the spouse and dependent children...
114.020 [Amended by 1955 c.69 §1; repealed by 1969 c.591 §305]
114.025 Petition for support and answer.
(1) The petition for support under ORS 114.015 shall include a description of property, other than property of the estate, available for the support of...
114.030 [Repealed by 1969 c.591 §305]
114.035 Temporary support.
Pending hearing upon the petition under ORS 114.015, temporary support may be allowed by order of the court in an amount and of a nature...
114.040 [Repealed by 1969 c.591 §305]
114.045 Modification or termination of support.
Provision for support under ORS 114.015 ordered by the court may be modified or terminated by the court by further order. [1969 c.591 §107]
114.050 [Repealed by 1969 c.591 §305]
114.055 Nature of support.
(1) Provision for support under ORS 114.015 ordered by the court may consist of any one or more of the following: (a) Transfer of title...
114.060 [Repealed by 1969 c.591 §305]
114.065 Limitations on support.
If it appears to the court that after provision for support under ORS 114.015 is made the estate will be insolvent, the provision for support...
114.070 [1957 c.345 §1; repealed by 1969 c.591 §305]
114.075 Priority of support; treated as administration expense.
Subject to the limitations imposed by ORS 114.065, provision for support under ORS 114.015 ordered by the court has priority over claims and expenses of...
114.085 Setting apart whole estate for support; termination of administration.
If it appears, after the expiration of four months after the date of the first publication of notice to interested persons, that reasonable provision for...
114.105 Right to elective share; effect of election.
(1) If a decedent is domiciled in this state at the time of death and dies testate, the surviving spouse of the decedent has a...
114.110 [Repealed by 1969 c.591 §305]
114.115 Election barred by agreement.
The right of the surviving spouse to elect under ORS 114.105 may be barred by the terms of a written agreement signed by both spouses....
114.120 [Repealed by 1969 c.591 §305]
114.125 Elective share limited by total property received.
(1) The surviving spouse may not receive by election under ORS 114.105 any amount which, together with any of the following property received by the...
114.130 [Amended by 1955 c.266 §1; 1965 c.506 §1; repealed by 1969 c.591 §305]
114.135 Denial of election or share reduction when decedent and surviving spouse living apart.
If the decedent and the surviving spouse were living apart at the time of the death of the decedent, whether or not there was a...
114.140 [Repealed by 1969 c.591 §305]
114.145 What constitutes election.
The surviving spouse is considered to have elected to take under the will unless, within 90 days after the date of the admission of the...
114.150 [Repealed by 1969 c.591 §305]
114.155 Election by court or conservator of surviving spouse.
An election under ORS 114.105 may be filed on behalf of a financially incapable surviving spouse by a court acting under ORS 125.650 or by...
114.165 Payment of elective share.
Estate property shall be applied in satisfaction of the elective share in the following order, unless the will provides otherwise: (1) Any intestate property; (2)...
114.205 No distinction between real and personal property.
ORS chapters 111, 112, 113, 114, 115, 116 and 117 apply without distinction between real and personal property. [1969 c.591 §119]
114.210 [Repealed by 1969 c.591 §305]
114.215 Devolution of and title to property.
(1) Upon the death of a decedent, title to the property of the decedent vests: (a) In the absence of testamentary disposition, in the heirs...
114.220 [Repealed by 1969 c.591 §305]
114.225 Possession and control of decedent�s estate.
A personal representative has a right to and shall take possession and control of the estate of the decedent, but the personal representative is not...
114.230 [Repealed by 1969 c.591 §305]
114.240 [Repealed by 1969 c.591 §305]
114.250 [Repealed by 1969 c.591 §305]
114.255 Commencement of duties and powers of personal representative; prior acts.
The duties and powers of a personal representative commence upon the issuance of the letters of the personal representative. The powers of a personal representative...
114.260 [Repealed by 1969 c.591 §305]
114.265 General duties of personal representative.
A personal representative is a fiduciary who is under a general duty to and shall collect the income from property of the estate in the...
114.270 [Repealed by 1969 c.591 §305]
114.275 Personal representative to proceed without court order; application for authority, approval or instructions.
A personal representative shall proceed with the administration, settlement and distribution of the estate without adjudication, order or direction of the court, except as otherwise...
114.285 Naming or appointment of personal representative does not discharge claim.
The naming or appointment of any person as personal representative does not discharge any claim which the decedent had against that person. The claim shall...
114.295 Discharge or devise in will of claim of testator.
The discharge or devise in a will of a claim of the testator against a personal representative or against any other person is of no...
114.305 Transactions authorized for personal representative.
Subject to the provisions of ORS 97.130 (2) and except as restricted or otherwise provided by the will of the decedent, a document of anatomical...
114.310 [Repealed by 1969 c.591 §305]
114.315 Right to perfect lien or security interest.
A personal representative has the same rights to perfect a lien or security interest as the decedent would have had if the decedent were living....
114.320 [Repealed by 1969 c.591 §305]
114.325 Power to sell, mortgage, lease and deal with property.
(1) A personal representative has power to sell, mortgage, lease or otherwise deal with property of the estate without notice, hearing or court order. (2)...
114.330 [Repealed by 1969 c.591 §305]
114.333 Transfer of title and interest to real property by foreign personal representative.
Upon performance of a recorded contract of sale of real property the foreign personal representative of a deceased vendor whose estate is being administered in...
114.335 Court order for sale, mortgage or lease.
Upon proof satisfactory to the court by an interested person that a sale, mortgage or lease of property of the estate is required for paying...
114.340 [Repealed by 1969 c.591 §305]
114.345 Title conveyed free of claims of creditors.
Property sold, mortgaged or leased by a personal representative is subject to liens and encumbrances against the decedent or the estate of the decedent, but...
114.350 [Repealed by 1963 c.287 §1]
114.355 Sale or encumbrance to personal representative voidable; exceptions.
(1) Any sale or encumbrance to the personal representative, the spouse, agent or attorney of the personal representative, or any corporation or trust in which...
114.360 [Repealed by 1963 c.287 §1]
114.365 Validation of certain sales.
The following are the subject of validating Acts: (1) Certain sales of decedent�s real property made prior to 1903 where confirmation of sale was premature,...
114.370 [Repealed by 1963 c.287 §1]
114.375 Nonliability of transfer agents.
A transfer agent or a corporation transferring its own securities incurs no liability to any person by making a transfer of securities of an estate...
114.385 Persons dealing with personal representative; protection.
A person dealing with or assisting a personal representative without actual knowledge that the personal representative is improperly exercising the power of the personal representative...
114.395 Improper exercise of power; breach of fiduciary duty.
If the exercise of power by a personal representative in the administration of an estate is improper, the personal representative is liable for breach of...
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...
114.410 [Repealed by 1969 c.591 §305]
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...
114.420 [Repealed by 1969 c.591 §305]
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...
114.430 [Repealed by 1969 c.591 §305]
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...
114.440 [Repealed by 1969 c.591 §305]
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 an affidavit filed under ORS 114.515. (2) �Claiming successors� means:...
114.515 Value of estate; where affidavit filed; fee; amended affidavit; supplemental affidavit.
(1) If the estate of a decedent meets the requirements of subsection (2) of this section, any of the following persons may file an affidavit...
114.520 Authorization from Department of State Lands 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 an affidavit under...
114.525 Content of affidavit.
An affidavit filed under ORS 114.515 shall: (1) State the name, age, domicile, post-office address and Social Security number of the decedent; (2) State the...
114.535 Transfer of decedent�s property to affiant; proceedings to compel transfer.
(1) Any person indebted to the decedent or having possession of personal property belonging to the estate, to whom a certified copy of the affidavit...
114.540 Procedure for claims; disallowance; summary determination.
(1) A claim against an estate with respect to which an affidavit is filed under ORS 114.515 may be presented to the affiant within four...
114.545 Duties of person filing affidavit; payment of claims; conveyance of real property; liability of person to whom property transferred or payment made.
(1) The affiant: (a) Shall take control of the property of the estate coming into the possession of the affiant. (b) Within 30 days after...
114.550 Summary review of administration of estate; hearing.
The affiant or any claiming successor of the estate who has not been paid the full amount owed such claiming successor may, within two years...
114.555 Effect of failure to appoint personal representative.
If a personal representative is not appointed within four months after the filing of the affidavit authorized by ORS 114.515, the interest of the decedent...
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...

Last modified: August 7, 2008