(1) Claims against the estate of a decedent, other than claims of the personal representative as a creditor of the decedent, shall be presented to the personal representative.
(2) Except as provided in subsection (3) of this section, a claim is barred from payment from the estate if not presented within the statute of limitations applicable to the claim and before the later of:
(a) Four months after the date of first publication of notice to interested persons; or
(b) If the claim was one with respect to which the personal representative was required to deliver or mail a notice under ORS 115.003 (2), 30 days after a notice meeting the requirements of ORS 115.003 (3) is delivered or mailed to the last-known address of the person asserting the claim.
(3) A claim against the estate presented after claims are barred under subsection (2) of this section shall be paid from the estate if the claim:
(a) Is presented before the expiration of the statute of limitations applicable to the claim and before the personal representative files the final account;
(b) Is presented by a person who did not receive a notice under ORS 115.003 mailed or delivered more than 30 days prior to the date on which the claim is presented and who is not an assignee of a person who received such notice; and
(c) Would be allowable but for the time at which the claim is presented.
(4) A claim against an estate may be paid under subsection (3) of this section only after payment of all expenses having priority over claims under ORS 115.125 and payment of all previously presented claims.
(5) This section does not affect or prevent:
(a) Any proceeding to enforce a mortgage, pledge or other lien upon property of the estate, or to quiet title or reform any instrument with respect to title to property; or
(b) To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which the decedent or personal representative is protected by liability insurance at the time the proceeding is commenced. [1969 c.591 §141; 1973 c.506 §29; 1989 c.229 §4; 1993 c.214 §1; 2001 c.620 §3; 2003 c.523 §1]Section: Previous 115.001 115.003 115.004 115.005 115.008 115.010 115.015 115.020 115.025 115.035 115.045 115.055 115.065 115.070 115.075 Next
Last modified: August 7, 2008