Title 111 · ORS Chapter 111

111.275�� Limited judgments DEFINITIONS AND APPLICATION OF PROBATE LAW �� 111.005 Definitions for probate law. As used in ORS chapters 111, 112, 113, 114, 115, 116 and 117, unless the con

Citation: ORS 111.275

Section: 111.275

111.275�� Limited judgments

DEFINITIONS AND APPLICATION OF PROBATE LAW

�� 111.005 Definitions for probate law. As used in ORS chapters 111, 112, 113, 114, 115, 116 and 117, unless the context requires otherwise:

�� (1) �Abate� means to reduce a devise on account of the insufficiency of the estate to pay all claims, expenses and devises in full.

�� (2) �Action� includes suits and legal proceedings.

�� (3) �Administration� means any proceeding relating to the estate of a decedent, whether the decedent died testate, intestate or partially intestate.

�� (4) �Advancement� means a gift by a decedent to an heir or devisee with the intent that the gift satisfy in whole or in part the heir�s share of an intestate estate or the devisee�s share of a testate estate.

�� (5) �Assets� includes real, personal and intangible property.

�� (6) �Claim� includes liabilities of a decedent, whether arising in contract, in tort or otherwise.

�� (7) �Court� or �probate court� means the court in which jurisdiction of probate matters, causes and proceedings is vested as provided in ORS 111.075.

�� (8) �Decedent� means a person who has died.

�� (9)(a) �Descendant� means a person who is descended from a specific ancestor and includes an adopted child and the adopted child�s descendants.

�� (b) When used to refer to persons who take by intestate succession, �descendant� does not include a person who is the descendant of a living descendant.

�� (10) �Devise,� when used as a noun, means property disposed of by a will.

�� (11) �Devise,� when used as a verb, means to dispose of property by a will.

�� (12) �Devisee� means a person designated in a will to receive a devise.

�� (13) �Distributee� means a person entitled to any property of a decedent under the will of the decedent or under intestate succession.

�� (14) �Domicile� means the place of abode of a person, where the person intends to remain and to which, if absent, the person intends to return.

�� (15)(a) �Estate� means the real and personal property of a decedent, as from time to time changed in form by sale, reinvestment, substitutions or otherwise, augmented by any accretions or additions or diminished by any decreases or distributions.

�� (b) �Estate� includes tangible and intangible personal property of a decedent domiciled in Oregon, wherever the property is situated.

�� (16) �Funeral� includes the burial or other disposition of the remains of a decedent, any plot or tomb and other necessary incidents to the disposition of the remains, any memorial ceremony or other observance and related expenses.

�� (17) �General devise� means a devise chargeable generally on the estate of a testator so that the devise is not distinguishable from other parts of the estate and does not constitute a specific devise.

�� (18) �Heir� means any person who is or would be entitled under intestate succession to property of a person upon that person�s death.

�� (19)(a) �Interested person� means any person having a property right in or claim against the estate of a decedent that may be affected by the proceeding.

�� (b) �Interested person� includes a decedent�s heir, devisee, child, spouse or creditor if the heir, devisee, child, spouse or creditor has a property right in or claim against the decedent�s estate.

�� (c) �Interested person� also includes:

�� (A) A fiduciary representing a person described in paragraph (a) or (b) of this subsection; and

�� (B) A person designated in writing by the decedent to control the use of the decedent�s gametes or embryos after the decedent�s death.

�� (20) �Intestate� means one who dies without leaving a valid will, or the circumstance of dying without leaving a valid will, effectively disposing of all the estate.

�� (21) �Intestate succession� means succession to property of a decedent who dies intestate or partially intestate.

�� (22) �Issue� means a descendant or descendants.

�� (23) �Net estate� means the real and personal property of a decedent, except property used for the support of the surviving spouse and children and for the payment of expenses of administration, funeral expenses, claims and taxes.

�� (24) �Net intestate estate� means any part of the net estate of a decedent not effectively disposed of by the will.

�� (25) �Personal property� includes all property other than real property.

�� (26) �Personal representative� includes executor, administrator, administrator with will annexed and administrator de bonis non, but does not include special administrator.

�� (27) �Property� includes both real and personal property.

�� (28) �Real property� includes all legal and equitable interests in land, in fee and for life.

�� (29) �Settlement� includes, as to the estate of a decedent, the full process of administration, distribution and closing.

�� (30) �Specific devise� means a devise of a specific thing or specified part of the estate of a testator that is so described as to be capable of identification. A specific devise is a gift of a part of the estate identified and differentiated from all other parts.

�� (31) �Will� includes codicil and also includes a testamentary instrument that merely appoints a personal representative or that merely revokes or revives another will. [1969 c.591 �1; 2015 c.387 �31; 2016 c.42 �1; 2017 c.169 �1; 2021 c.282 �4; 2025 c.592 �75]

�� 111.010 [Repealed by 1969 c.591 �305]

�� 111.015 Application of chapter 591, Oregon Laws 1969. Except as specifically provided otherwise in chapter 591, Oregon Laws 1969, on July 1, 1970, chapter 591, Oregon Laws 1969, applies to wills of decedents dying thereafter, and a will executed before July 1, 1970, shall be considered lawfully executed if the application of ORS 112.255 would make it so, but the construction of a will executed before July 1, 1970, shall be governed by the law in effect on the date of execution unless a contrary intent is established by the will. [1969 c.591 �303; 2016 c.42 �12]

�� 111.020 [Repealed by 1969 c.591 �305]

�� 111.025 Oregon Tax Court jurisdiction. For purposes of ORS chapters 111 to 116, the Oregon Tax Court is not a court having probate jurisdiction and is limited to the trial of appeals on estate tax matters. [1971 c.567 �3; 1997 c.99 �25; 2011 c.526 �17; 2017 c.169 �44]

�� 111.030 [Repealed by 1969 c.591 �305]

�� 111.040 [Repealed by 1969 c.591 �305]

�� 111.050 [Repealed by 1969 c.591 �305]

PROBATE COURTS AND COMMISSIONERS

�� 111.055 Transfer of probate jurisdiction. (1) All probate jurisdiction, authority, powers, functions and duties of the county courts and the judges thereof are transferred to the circuit courts and the judges thereof in all counties except Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties.

�� (2) All probate jurisdiction, authority, powers, functions and duties of the circuit courts and the judges thereof are transferred to the county courts and the judges thereof in Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties. [1969 c.591 �2; 1995 c.658 �71]

�� 111.060 [Repealed by 1969 c.591 �305]

�� 111.065 [1969 c.591 �3; 1979 c.683 �34; repealed by 1983 c.740 �12]

�� 111.070 [Repealed by 1969 c.591 �305]

�� 111.075 Probate jurisdiction vested. Jurisdiction of all probate matters, causes and proceedings is vested in the county courts of Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties and in the circuit court for each other county and as provided in ORS 111.115. [1969 c.591 �4]

�� 111.085 Probate jurisdiction described. (1) The jurisdiction of the probate court includes, but is not limited to:

�� (a) Appointment and qualification of personal representatives.

�� (b) Probate and contest of wills.

�� (c) Determination of heirship.

�� (d) Determination of title to, rights in and possession of property claimed by or against personal representatives, guardians and conservators.

�� (e) Administration, settlement and distribution of estates of decedents.

�� (f) Construction of wills, whether incident to the administration or distribution of an estate or as a separate proceeding.

�� (g) Guardianships and conservatorships, including the appointment and qualification of guardians and conservators and the administration, settlement and closing of guardianships and conservatorships.

�� (h) Supervision and disciplining of personal representatives, guardians and conservators.

�� (i) If a testamentary trustee vacancy occurs during a probate proceeding and the will does not name a trustee or successor trustee who is able to serve, appointment of a testamentary trustee or successor testamentary trustee.

�� (2) The distributees of an estate administered in Oregon are subject to the jurisdiction of the courts of Oregon regarding any matter involving the distributees� interests in the estate. By accepting a distribution from an estate, the distributee submits personally to the jurisdiction of the courts of this state regarding any matter involving the estate.

�� (3) This section does not preclude other methods of obtaining jurisdiction over a person to whom assets are distributed from an estate. [1969 c.591 �5; 1973 c.177 �1; 2017 c.169 �2; 2021 c.282 �5]

�� 111.095 Powers of probate court. (1) A probate court has the general legal and equitable powers of a circuit court.

�� (2) The determinations, orders and judgments of a probate court have the same validity, finality and presumption of regularity as those of a circuit court.

�� (3) A probate court has full, legal and equitable powers to make declaratory judgments, as provided in ORS 28.010 to 28.160, in all matters involved in the administration of an estate, including matters pertaining to the title of real property and ownership of personal property, the determination of heirship and the distribution of the estate.

�� (4) A court having jurisdiction over a probate proceeding may:

�� (a) Compel the attendance of, or require the response to inquiries by and production of documents subject to discovery under ORCP 36 from, any person, including a beneficiary, creditor, fiduciary or any other person who may have knowledge about the decedent�s taxes, financial affairs or property.

�� (b) Exercise jurisdiction over any transaction entered into by a fiduciary to determine if a conflict of interest existed and enter an appropriate order or judgment with respect to the transaction.

�� (c) Surcharge a fiduciary and any surety for any loss caused by failure of a fiduciary to perform a fiduciary duty or any other duty imposed by ORS chapter 111, 112, 113, 114, 115, 116 or 117.

�� (d) Determine ownership of title for real or personal property.

�� (e) Subject to ORS chapter 90, require delivery of possession of property of the decedent, including records, accounts and documents relating to that property.

�� (f) Require the fiduciary to produce any and all records that might provide information about the condition of the estate�s property.

�� (g) Remove a fiduciary whenever that removal is in the best interests of the interested persons of an estate.

�� (h) Appoint a successor fiduciary when a fiduciary has died, resigned or been removed.

�� (i) Impose any conditions and limitations upon the fiduciary that the court considers appropriate, including limitations on the duration of the appointment.

�� (j) Without hearing or upon such hearing as the court may prescribe, rule on any matter concerning the administration, settlement or distribution of the estate, including the fiduciary�s authority, the court�s approval of the fiduciary�s actions or the court�s instructions to the fiduciary. [1969 c.591 �6; 1979 c.284 �102; 2016 c.42 �13; 2021 c.282 �6]

�� 111.105 Appeals from probate court; reexamination of issues. (1) Except as otherwise provided in this section, no issue determined in a probate court exercising probate jurisdiction shall be tried again on appeal or otherwise reexamined in a manner other than those appropriate to issues determined by a court of record with general jurisdiction.

�� (2) Appeals from a circuit court exercising probate jurisdiction shall be taken to the Court of Appeals in the manner provided by law for appeals from the circuit court.

�� (3) Appeals from a county court exercising probate jurisdiction shall be taken to the circuit court and Court of Appeals in the manner provided by ORS 5.120. [1969 c.591 �7; 1979 c.284 �103; 2021 c.282 �7]

�� 111.110 [Repealed by 1969 c.591 �305]

�� 111.115 Transfer of estate proceeding from county court to circuit court. (1) An estate proceeding may be transferred at any time from a county court to the circuit court for the county by order of the county court.

�� (2) An estate proceeding commenced in a county court and in which the county judge is a party or directly interested must be transferred from the county court to the circuit court for the county by order of the county court.

�� (3) Upon transfer of an estate proceeding from a county court to the circuit court for the county under this section:

�� (a) The county clerk shall certify and cause to be filed in the records of the circuit court all original papers, records and proceedings pertaining to the estate proceeding; and

�� (b) Jurisdiction over the estate proceeding vests in the circuit court as if the jurisdiction had been originally and exclusively vested in the circuit court. [1969 c.591 �8; 2016 c.42 �14; 2021 c.282 �8]

�� 111.120 [Repealed by 1969 c.591 �305]

�� 111.130 [Repealed by 1969 c.591 �305]

�� 111.140 [Repealed by 1969 c.591 �305]

�� 111.150 [Repealed by 1969 c.591 �305]

�� 111.160 [Repealed by 1969 c.591 �305]

�� 111.165 [1969 c.591 �9; repealed by 1995 c.658 �127]

�� 111.170 [Repealed by 1969 c.591 �305]

�� 111.175 Appointment of probate commissioner and deputy probate commissioners. The presiding judge of a circuit court or the county judge of a county court may appoint a probate commissioner and one or more deputy probate commissioners and, if such appointments are made, shall prescribe, by rule or order, the duties and responsibilities of the probate commissioner and deputy probate commissioners, subject to ORS 111.185. [1969 c.591 �10; 2016 c.42 �15]

�� 111.185 Powers of probate commissioner and deputy probate commissioners. (1) To the extent prescribed or otherwise authorized by rule or order made under ORS 111.175, a probate commissioner or deputy probate commissioner may:

�� (a) Act upon uncontested petitions for appointment of special administrators, for probate of wills and for appointment of personal representatives, guardians and conservators;

�� (b) Make and enter orders and judgments admitting wills to probate and appointing and setting the amount of the bonds of special administrators, personal representatives, guardians and conservators; and

�� (c) Appoint court visitors.

�� (2) Any matter presented to the probate commissioner or deputy probate commissioner may be referred to the judge of the court.

�� (3) Any order or judgment made by a probate commissioner or deputy probate commissioner is subject to being set aside or modified by the judge of the court within 30 days after the date of the order or judgment.

�� (4) Any interested person may object to an order or judgment of a probate commissioner or deputy probate commissioner within 30 days after the date of the order or judgment, and the judge of the court may set aside or modify the order or judgment.

�� (5) Unless set aside or modified by the judge of the court, the orders and judgments of the probate commissioner or deputy probate commissioner have the same effect as if made by the judge of the court. [1969 c.591 �11; 2016 c.42 �16]

PROBATE PROCEDURE GENERALLY

�� 111.200 Applicability of Oregon Rules of Civil Procedure and Oregon Evidence Code; contested issues in probate proceedings. (1) As used in this section:

�� (a) �Probate proceeding� means a proceeding under ORS chapter 111, 112, 113, 114, 115, 116 or 117 for the administration of a decedent�s estate.

�� (b) �Probate proceeding� does not include:

�� (A) A proceeding for summary determination of a claim under ORS 115.145 (1)(b); or

�� (B) A declaratory judgment action under ORS chapter 28.

�� (2) Except as otherwise provided in ORS 111.205, 111.218, 112.588, 113.005, 113.105, 114.720,