Oregon Revised Statutes

Chapter 115 — Claims; Actions and Suits

66 sections

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.

115.003 Personal representative to make diligent search for claimants; notice to claimants; contents; proof of compliance; exception for estates with no known assets

Except as provided in subsection (6) of this section, during the three months following appointment, unless a longer time is allowed by the court, the personal representative shall make reasonably diligent efforts to investigate the financial records and affairs of the decedent and shall take such further actions as may be reasonably necessary to ascertain t…

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 the estate during administration, the amount of the claim may be recovered as follows: The claimant shall have a cause of action against the personal representative and the surety for the personal representative for the amount the claimant would have …

115.005 Presentation of claims; time limitations

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. Filing a claim with the court does not constitute presentation to the personal representative. Except as provided in paragraph (b) of this subsection, a claim is presented to the personal …

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 to actions brought in the name of the state, or brought in the name of any county or public corporation, and to actions brought for the benefit of the state or for the benefit of any…

115.010 [Repealed by 1969 c.591 §305]

115.015 [1969 c.591 §141a; 1973 c.506 §30; repealed by 1989 c.229 §15]

115.020 [Repealed by 1969 c.591 §305]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: Be in writing. Describe the nature and the amount of the claim, if ascertainable. State the names and addresses of the claimant and, if any, the attorney of the claimant.

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.

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 personal representative, shall produce the evidence or account for its nonproduction.

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 of allowance.

115.065 Claims on secured debts due

A claim on a debt due for which the creditor holds security may be presented as a claim on an unsecured debt due. A creditor who presents a claim under this subsection does not waive the creditor’s security interest and may recover a deficiency as provided in subsection (5) of this section. If the claim is presented, the claim shall describe the security ge…

115.070 Claims on debts reduced to judgments

If a judgment was entered on a claim prior to the death of the decedent but was not a lien against property of the estate on the date of the decedent’s death, the claim shall be presented in the same manner as if no judgment had been entered, and a copy of the judgment shall be attached to the claim. A claim for which a judgment was entered prior to the deat…

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. If the claim is allowed, allowance shall be in an amount equal to the value of the debt on the date of allowance. The creditor, after allowance of the claim, may withdraw the claim without prejudice to other remedies. Payment on the basi…

115.085 Claims on contingent and unliquidated debts

A claim on a contingent or unliquidated debt shall be presented as any other claim. If the debt becomes absolute or liquidated before distribution of the estate, the claim shall be paid in the same manner as a claim on an absolute or liquidated debt. If the debt does not become absolute or liquidated before distribution of the estate, the court shall provi…

115.095 Compromise of claims

The personal representative may compromise a claim against the estate of a decedent.

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 presentation of claims. Upon application by the personal representative or by any interested person the claim may be considered by the court on the hearing of the final account of the personal representative or prior to the hearing of the final…

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 children ordered by the court, for expenses of administration and for claims already presented which have not been allowed or allowance of which has been appealed, shall proceed to pay the claims allowed agai…

115.120 [Repealed by 1969 c.591 §305]

115.125 Order of payment of expenses and claims

If the applicable assets of the estate are insufficient to pay all expenses and claims in full, the personal representative shall make payment in the following order: Support of spouse and children, subject to the limitations imposed by ORS 114.065. Expenses of administration of the estate, and subject to preferences established under federal law, expenses…

115.130 [Repealed by 1969 c.591 §305]

115.135 Allowance and disallowance of claims; exception for estates with no known assets

Except as provided in subsection (5) of this section, a claim presented to the personal representative shall be considered allowed as presented unless within 60 days after the date of presentation of the claim as provided in ORS 115.005 the personal representative mails or delivers a notice of disallowance of the claim in whole or in part to the claimant and…

115.140 [Amended by 1955 c.292 §1; repealed by 1969 c.591 §305]

115.145 Procedure by claimant on disallowance of claim

If the personal representative disallows a claim in whole or in part, the claimant, within 30 days after the date of mailing or delivery of the notice of disallowance, may either: File with the court in the estate proceeding a request for summary determination of the claim by the probate court, with proof of service of a copy of the request upon the persona…

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 date of service of a copy of the request upon the personal representative or the attorney of the personal representative, may notify the claimant in writing that if the claimant desires to prove the claim th…

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: The personal representative shall move or plead to the claim as though the claim were a complaint filed in an action. The court shall hear the matter without a jury, after notice to the claimant and personal representativ…

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 action against the personal representative on the claim.

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 the date of publication of notice to interested persons, may apply to the court for an order directing the personal representative to pay the claim to the extent that funds of the estate are available fo…

115.190 [Repealed by 1969 c.591 §305]

115.195 Proof for court allowance of disallowed claim; claims for recovery of public assistance or medical assistance

A claim that has been disallowed by the personal representative may not be allowed by any court except upon some competent, satisfactory evidence other than the testimony of the claimant. Notwithstanding subsection (1) of this section, claims for recovery of public assistance as defined by ORS 411.010 or medical assistance as defined in ORS 414.025 may be a…

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 or consent of those interested persons who would be adversely affected by allowance of the claim.

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 the statute of limitations thereafter until at least one year after the date of death.

115.220 [1963 c.447 §1; 1965 c.514 §1; repealed by 1969 c.591 §305]

DISCHARGE OF ENCUMBRANCES

115.255 Discharge of encumbrances

As used in this section: “Voluntary encumbrance” means any mortgage, trust deed, security agreement, pledge or public improvement assessment lien, or any lien arising from labor or services performed or materials supplied or furnished, or any combination thereof, upon or in respect of property. “Involuntary encumbrance” means any encumbrance upon property …

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 appears that the redemption would be for the benefit of the estate and would not be prejudicial to creditors.

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, renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of the lien, in whole or in part, whether or not the holder of the en…