Oregon Law
Law as of Jan 1, 2026
Chapter contents
114.005Occupancy of principal dwelling of decedent by spouse and children 114.010[Repealed by 1969 c.591 §305] 114.015Support of spouse and children 114.020[Amended by 1955 c.69 §1; repealed by 1969 c.591 §305] 114.025Petition for support and answer 114.030[Repealed by 1969 c.591 §305] 114.035Temporary support 114.040[Repealed by 1969 c.591 §305] 114.045Modification or termination of support 114.050[Repealed by 1969 c.591 §305] 114.055Nature of support 114.060[Repealed by 1969 c.591 §305] 114.065Limitations on support 114.070[1957 c.345 §1; repealed by 1969 c.591 §305] 114.075Priority of support; treated as administration expense 114.085Setting apart whole estate for support; termination of administration 114.105[1969 c.591 §112; 1997 c.99 §22; repealed by 2009 c.574 §25] 114.110[Repealed by 1969 c.591 §305] 114.115[1969 c.591 §113; repealed by 2009 c.574 §25] 114.120[Repealed by 1969 c.591 §305] 114.125[1969 c.591 §114; repealed by 2009 c.574 §25] 114.130[Amended by 1955 c.266 §1; 1965 c.506 §1; repealed by 1969 c.591 §305] 114.135[1969 c.591 §115; 2003 c.576 §374; repealed by 2009 c.574 §25] 114.140[Repealed by 1969 c.591 §305] 114.145[1969 c.591 §116; repealed by 2009 c.574 §25] 114.150[Repealed by 1969 c.591 §305] 114.155[1969 c.591 §117; 1973 c.823 §109; 1995 c.664 §85; repealed by 2009 c.574 §25] 114.165[1969 c.591 §118; repealed by 2009 c.574 §25] 114.205No distinction between real and personal property 114.210[Repealed by 1969 c.591 §305] 114.215Devolution of and title to property; custody of pets 114.220[Repealed by 1969 c.591 §305] 114.225Possession and control of decedent’s estate 114.230[Repealed by 1969 c.591 §305] 114.240[Repealed by 1969 c.591 §305] 114.250[Repealed by 1969 c.591 §305] 114.255Commencement of duties and powers of personal representative; prior acts 114.260[Repealed by 1969 c.591 §305] 114.265General duties of personal representative 114.270[Repealed by 1969 c.591 §305] 114.275Personal representative to proceed without court order; application for relief 114.285Naming or appointment of personal representative does not discharge claim 114.295Discharge or devise in will of claim of testator 114.305Transactions authorized for personal representative 114.310[Repealed by 1969 c.591 §305] 114.315Right to perfect lien or security interest 114.320[Repealed by 1969 c.591 §305] 114.325Power to sell, mortgage, lease and deal with property 114.330[Repealed by 1969 c.591 §305] 114.333Transfer of title and interest to real property by foreign personal representative 114.335Court order for sale, mortgage or lease 114.340[Repealed by 1969 c.591 §305] 114.345Title conveyed free of claims of creditors 114.350[Repealed by 1963 c.287 §1] 114.355Sale or encumbrance to personal representative voidable; exceptions 114.360[Repealed by 1963 c.287 §1] 114.365Validation of certain sales 114.370[Repealed by 1963 c.287 §1] 114.375Nonliability of transfer agents 114.385Persons dealing with personal representative; protection 114.395Improper exercise of power; breach of fiduciary duty 114.405Personal liability of personal representative 114.410[Repealed by 1969 c.591 §305] 114.415Copersonal representatives; when joint action required 114.420[Repealed by 1969 c.591 §305] 114.425Discovery of property, writings and information 114.430[Repealed by 1969 c.591 §305] 114.435Power to avoid transfers 114.440[Repealed by 1969 c.591 §305] 114.441Definitions for ORS 114.441 to 114.462 114.444Application 114.447Court approval of settlement of personal injury claim or wrongful death claim 114.450Deferral of requirements 114.453Petition for appointment of personal representative 114.456Information to beneficiaries and Department of Human Services and Oregon Health Authority 114.459Waiver of requirements 114.462Motion to close estate; objections; judgment; discharge of personal representative 114.505Definitions for ORS 114.505 to 114.560 114.510Simple estate criteria 114.515Simple estate affidavit; who may file; fee; amended affidavit; procedure when value of estate exceeds limitations; acknowledgment by clerk 114.517Approval of attorneys filing affidavits for recipients of Medicaid or other public assistance 114.520Authorization from State Treasurer required for filing of affidavit by creditor if decedent dies intestate and without heirs; rules 114.525Content of affidavit; rules 114.535Transfer of decedent’s property to affiant; payment of debt owing to decedent; transfer of recorded brand; motion to compel transfer or payment 114.537Safe deposit boxes 114.540Procedure for claims 114.542Summary determination 114.545Affiant as fiduciary; duties, functions and powers of affiant; limitation of liability of financial institution 114.547Sales and transfers to third parties 114.549Liability of affiant 114.550Summary review of administration of estate; hearing; order; removal of affiant; surcharge 114.552Filing fees 114.555Transfer of interest of decedent in property described in affidavit 114.560Exclusive remedy 114.600Elective share generally 114.605Amount of elective share 114.610Manner of making election 114.615Payment of elective share 114.620Waiver of right to elect and other rights 114.625Who may exercise right of election 114.630Augmented estate 114.635Exclusions from augmented estate 114.650Decedent’s probate estate 114.660Decedent’s nonprobate estate 114.665Decedent’s nonprobate estate; property owned immediately before death 114.675Surviving spouse’s estate 114.685Decedent’s probate transfers to surviving spouse 114.690Decedent’s nonprobate transfers to surviving spouse 114.700Priority of sources from which elective share payable 114.705Liability of recipients of decedent’s nonprobate estate 114.710Protective order 114.720Proceedings to claim elective share 114.725Effect of separation

Chapter 114 — Administration of Estates Generally

ORS 114.395 Improper exercise of power; breach of fiduciary duty

If the exercise of power by a personal representative in the administration of an estate is improper, the personal representative is liable for breach of fiduciary duty to interested persons for resulting damage or loss to the same extent as a trustee of an express trust. Exercise of power in violation of a court order is a breach of duty. Exercise of power contrary to the provisions of the will may be a breach of duty.

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Provenance

Version history

2026-01-01

2025 Oregon Revised Statutes — official online source