(1) A personal representative shall make and file in the estate proceeding an account of the personal representative’s administration:
(a) Unless the court orders otherwise, annually within 60 days after the anniversary date of the personal representative’s appointment.
(b) Within 30 days after the date of the personal representative’s removal or resignation or the revocation of the personal representative’s letters.
(c) When the estate is ready for final settlement and distribution.
(d) At such other times as the court may order.
(2) Each account must include the following information:
(a) The period of time covered by the account.
(b) The total value of the property with which the personal representative is chargeable according to the inventory, or, if there was a prior account, the amount of the balance of the prior account.
(c) All money and property received during the period covered by the account.
(d) All disbursements made during the period covered by the account. Vouchers for disbursements must accompany the account, unless otherwise provided by order or rule of the court, or unless the personal representative is a trust company that has complied with ORS 709.030, but that personal representative shall:
(A) Maintain the vouchers for a period of not less than one year following the date on which the order approving the final account is entered;
(B) Permit interested persons to inspect the vouchers and receive copies thereof at their own expense at the place of business of the personal representative during the personal representative’s normal business hours at any time prior to the end of the one-year period following the date on which the order approving the final account is entered; and
(C) Include in each annual account and in the final account a statement that the vouchers are not filed with the account but are maintained by the personal representative and may be inspected and copied as provided in subparagraph (B) of this paragraph.
(e) The money and property of the estate on hand.
(f) Such other information as the personal representative considers necessary to show the condition of the affairs of the estate or as the court may require.
(g) A declaration under penalty of perjury in the form required by ORCP 1 E.
(3) When the estate is ready for final settlement and distribution, the account must also include:
(a) A statement that all Oregon income, inheritance and personal property taxes, if any, have been paid, or if not so paid, that payment of those taxes has been secured by bond, deposit or otherwise, and that all required tax returns have been filed.
(b) A petition for a judgment authorizing the personal representative to distribute the estate to the persons and in the portions specified therein.
(4) If the distributees consent thereto in writing and all creditors of the estate have been paid in full other than creditors owed administrative expenses that require court approval, the personal representative, in lieu of the final account otherwise required by this section, may file a statement that includes the following:
(a) The period of time covered by the statement.
(b) A statement that all creditors have been paid in full other than creditors owed administrative expenses that require court approval.
(c) The statement and petition referred to in subsection (3) of this section.
(d) A declaration under penalty of perjury in the form required by ORCP 1 E.
(5) Notice of time for filing objections to the statement described in subsection (4) of this section is not required.
(6) The Chief Justice of the Supreme Court may by rule specify the form and contents of accounts that must be filed by a personal representative. [1969 c.591 §175; 1973 c.506 §37; 1985 c.304 §1; 1995 c.453 §2; 1997 c.631 §405; 1999 c.592 §2; 2003 c.576 §375; 2005 c.22 §95; 2005 c.123 §1; 2007 c.284 §2]
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 116.020 116.023 116.025 116.033 116.043 116.063 116.073 116.083 116.093 116.103 116.105 116.110 116.113 116.115 116.120 Next
Last modified: August 7, 2008