(1) At any time after the death of a settlor of a trust described in ORS 130.350 (2), a trustee of the trust may petition the probate court to determine the claims of creditors of the settlor. A petition under this section must include all of the following information to the extent known by the trustee:
(a) The settlor’s name, date of birth, date and place of death and Social Security number.
(b) The name of the trustee.
(c) The address at which claims must be presented.
(d) The name of the trust, if any, and the date of the trust, including the dates of any amendments.
(e) The facts establishing venue in the county where the petition is being filed.
(2) The clerk of the court shall charge and collect in advance from the trustee the filing fee required from a plaintiff under ORS 21.110 (1).
(3) A proceeding under this section may be brought only:
(a) In the county where the settlor had domicile or a place of abode at the time of death;
(b) In any county where assets of the trust were located at the time of death or are located at the time the proceeding is commenced; or
(c) In the county where the settlor died.
(4) The court has personal jurisdiction over a trustee that files a petition under this section, whether the trustee is a resident or nonresident of this state, for the purposes of any proceeding relating to the trust that may be instituted by an interested person. [Formerly 128.258]
Section: Previous 130.300 130.305 130.310 130.315 130.320 130.325 130.350 130.355 130.360 130.365 130.370 130.375 130.380 130.385 130.390 NextLast modified: August 7, 2008