Oregon Statutes - Chapter 115 - Claims; Actions and Suits

115.001 Effect of direction to pay debts, charges, taxes or expenses.
A mere testamentary direction to pay debts, charges, taxes or expenses of administration shall not be considered a direction for exoneration from encumbrances. [1973 c.506
115.003 Personal representative to make diligent search for claimants; notice to claimants; contents; proof of compliance.
(1) During the three months following appointment, unless a longer time is allowed by the court, the personal representative shall make reasonably diligent efforts to...
115.004 Recovery for failure to make search or give notice; indemnification; time for commencing action.
If, as a result of breach of a duty imposed by ORS 115.003, a claim or any part of a claim is not paid from...
115.005 Presentation of claims; time limitations.
(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...
115.008 Application of time limitations to public bodies.
Notwithstanding ORS 12.250, and except as otherwise specifically provided in this chapter, all statutes of limitation and other time limitations imposed under this chapter apply...
115.010 [Repealed by 1969 c.591 §305]
115.015 [1969 c.591 §141a; 1973 c.506 §30; repealed by 1989 c.229 §15]
115.020 [Repealed by 1969 c.591 §305]
115.025 Form of claims.
Each claim presented shall: (1) Be in writing. (2) Describe the nature and the amount thereof, if ascertainable. (3) State the names and addresses of...
115.035 Waiver of defect or insufficiency.
A defect of form of a claim timely presented may be waived by the personal representative or by the court. [1969 c.591 §143; 1973 c.506
115.045 Written evidence of claim.
When it appears that there is written evidence of a claim that has been presented to the personal representative, the claimant, upon demand by the...
115.055 Claims on debts due.
If a claim on a debt due is presented and allowed, allowance shall be in the amount of the debt remaining unpaid on the date...
115.065 Claims on secured debts due.
(1) A claim on a debt due for which the creditor holds security may be presented as a claim on an unsecured debt due, or...
115.070 Claims on debts reduced to judgments.
If a judgment was entered on a claim prior to the death of the decedent, the claim shall be presented in the same manner as...
115.075 Claims on debts not due.
A claim on a debt not due, whether or not the creditor holds security therefor, may be presented as a claim on a debt due....
115.085 Claims on contingent and unliquidated debts.
(1) A claim on a contingent or unliquidated debt shall be presented as any other claim. (2) If the debt becomes absolute or liquidated before...
115.095 Compromise of claims.
The personal representative may compromise a claim against the estate of a decedent. [1969 c.591 §149]
115.105 Claims of personal representative.
A claim of a personal representative shall be filed with the clerk of the court within the time required by law for presentment of claims....
115.110 [Repealed by 1969 c.591 §305]
115.115 Payment of claims.
After the day on which all known claims are barred under ORS 115.005 (2), the personal representative, after making provision for support of spouse and...
115.120 [Repealed by 1969 c.591 §305]
115.125 Order of payment of expenses and claims.
(1) If the applicable assets of the estate are insufficient to pay all expenses and claims in full, the personal representative shall make payment in...
115.130 [Repealed by 1969 c.591 §305]
115.135 Allowance and disallowance of claims.
(1) A claim presented to the personal representative shall be considered allowed as presented unless within 60 days after the date of presentment of the...
115.140 [Amended by 1955 c.292 §1; repealed by 1969 c.591 §305]
115.145 Procedure by claimant on disallowance of claim.
(1) If the personal representative disallows a claim in whole or in part, the claimant, within 30 days after the date of mailing or delivery...
115.150 [Repealed by 1969 c.591 §305]
115.155 Separate action required by personal representative.
If the claimant files a request for summary determination of the claim as provided in ORS 115.145, the personal representative, within 30 days after the...
115.160 [Repealed by 1969 c.591 §305]
115.165 Summary determination procedure.
In a proceeding for summary determination by the probate court of a claim disallowed in whole or in part by the personal representative: (1) The...
115.170 [Repealed by 1969 c.591 §305]
115.175 Interested persons heard in summary determination or separate action.
Any interested person may be heard in a proceeding for summary determination by the probate court of a claim, and may intervene in a separate...
115.180 [Repealed by 1969 c.591 §305]
115.185 Creditor may obtain order for payment.
A creditor whose claim has been allowed or established by summary determination or separate action, and who has not received payment within six months after...
115.190 [Repealed by 1969 c.591 §305]
115.195 Proof for court allowance of disallowed claim; claims for recovery of public assistance.
(1) A claim that has been disallowed by the personal representative may not be allowed by any court except upon some competent, satisfactory evidence other...
115.200 [Repealed by 1969 c.591 §305]
115.205 Waiver of statute of limitations.
A claim barred by the statute of limitations may not be allowed by the personal representative or by any court except upon the written direction...
115.210 [Repealed by 1969 c.591 §305]
115.215 Extension of statute of limitations.
If a claim is not barred by the statute of limitations on the date of death of the decedent, the claim is not barred by...
115.220 [1963 c.447 §1; 1965 c.514 §1; repealed by 1969 c.591 §305]
115.255 Discharge of encumbrances.
(1) As used in this section: (a) �Voluntary encumbrance� means any mortgage, trust deed, security agreement, pledge or public improvement assessment lien, or any lien...
115.265 Power to redeem estate property.
Unless otherwise provided by the will, the personal representative may redeem property of the estate sold on foreclosure of mortgage or upon execution if it...
115.275 Encumbered assets; powers of personal representative.
When any assets of the estate are encumbered by an involuntary or voluntary encumbrance, the personal representative may discharge the encumbrance or any part thereof,...
115.305 Survival of causes of action.
All causes of action or suit, by one person against another, survive to the personal representative of the former and against the personal representative of...
115.310 [Repealed by 1969 c.591 §305]
115.315 Continuation of action without claim presentation.
An action against a decedent commenced before and pending on the date of death of the decedent may be continued as provided in ORCP 34...
115.320 [Repealed by 1969 c.591 §305]
115.325 Action not to be commenced until claim presented and disallowed.
Except as provided in ORS 115.004, 115.005 (5) and 115.065, no action against a personal representative on account of a claim shall be commenced until...
115.330 [Repealed by 1969 c.591 §305]
115.335 Chapter does not apply to certain trusts.
The provisions of this chapter do not apply to claims against trusts that are subject to the provisions of ORS 130.350 to 130.450. [2001 c.593...
115.340 [Repealed by 1969 c.591 §305]
115.350 [Repealed by 1969 c.591 §305]
115.410 [Repealed by 1969 c.591 §305]
115.420 [Repealed by 1969 c.591 §305]
115.430 [Repealed by 1969 c.591 §305]
115.440 [Repealed by 1969 c.591 §305]
115.450 [Repealed by 1969 c.591 §305]
115.460 [Repealed by 1969 c.591 §305]
115.470 [Repealed by 1969 c.591 §305]
115.480 [Repealed by 1969 c.591 §305]
115.490 [Repealed by 1969 c.591 §305]
115.500 [Repealed by 1969 c.591 §305]
115.510 [Repealed by 1969 c.591 §305]
115.520 [Repealed by 1969 c.591 §305]
115.990 [Repealed by 1969 c.591 §305]

Last modified: August 7, 2008