Title 113 · ORS Chapter 113
within four months of the delivery or mailing of the information.
Citation: ORS 112.049
Section: 112.049
112.049 within four months of the delivery or mailing of the information.
����� (2) If the personal representative is a devisee, heir or other interested person named in the petition the personal representative is not required to deliver or mail the information under this section to the personal representative.
����� (3) The failure of the personal representative to give information under this section is a breach of duty to the persons concerned, but does not affect the validity of the personal representative�s appointment, duties or powers or the exercise of duties or powers.
����� (4) Within 30 days after the date of appointment a personal representative shall cause to be filed in the estate proceeding proof of the delivery or mailing required by this section or a waiver of notice as provided under ORS 111.225. The proof must include a copy of the information delivered or mailed and the names of the persons to whom it was delivered or mailed.
����� (5) If before the filing of the final account the personal representative has actual knowledge that the petition did not include the name and address of any person described in ORS 113.035 (4), (5), (7), (8) or (9), the personal representative shall:
����� (a) Make reasonable efforts under the circumstances to ascertain each of those names and addresses;
����� (b) Promptly deliver or mail information specified in subsection (1) of this section to each of those persons located after the filing of the petition and before the filing of the final account; and
����� (c) File in the estate proceeding, on or before filing the final account under ORS 116.083, proof of compliance with this subsection or a waiver of notice as provided under ORS 111.225.
����� (6) Within 30 days after the appointment of a personal representative, the personal representative must mail or deliver the information specified in subsection (1) of this section and a copy of the death record of the decedent to the Department of Human Services and the Oregon Health Authority or as otherwise provided by rule adopted by the department and the authority. [1969 c.591 �94; 1973 c.506 �25; 1991 c.704 �3; 2001 c.620 �1; 2003 c.14 �44; 2003 c.395 �26; 2005 c.741 �5; 2007 c.284 �10; 2009 c.595 �78; 2011 c.720 �58; 2013 c.366 �59; 2017 c.169 �50]
����� 113.150 [Repealed by 1969 c.591 �305]
����� 113.155 Publication of notice to interested persons. (1) Except as provided in subsection (5) of this section, upon appointment a personal representative shall cause a notice to interested persons to be published once in:
����� (a) A newspaper published in the county in which the estate proceeding is pending; or
����� (b) If no newspaper is published in the county in which the estate proceeding is pending, a newspaper designated by the court.
����� (2) The notice shall include:
����� (a) The title of the court in which the estate proceeding is pending;
����� (b) The name of the decedent;
����� (c) The name of the personal representative and the address at which claims are to be presented;
����� (d) A statement requiring all persons having claims against the estate to present them, within four months after the date of publication of the notice to the personal representative at the address designated in the notice for the presentation of claims or they may be barred;
����� (e) The date of publication of the notice; and
����� (f) A statement advising all persons whose rights may be affected by the proceeding that additional information may be obtained from the records of the court, the personal representative or the attorney for the personal representative.
����� (3) The failure of the personal representative to cause a notice to be published under this section is a breach of duty to the persons concerned, but does not affect the validity of appointment, duties or powers or the exercise of duties or powers.
����� (4) A personal representative shall file in the estate proceeding proof of the publication of notice required by this section. The proof shall include a copy of the published notice.
����� (5)(a) This section does not apply if the petition for appointment of the personal representative states that no assets of the estate are known to the petitioner and no assets of the estate have come into the possession or knowledge of the personal representative.
����� (b) If the petition for appointment of the personal representative states that no assets of the estate are known to the petitioner and assets of the estate later come into the possession or knowledge of the personal representative, the personal representative shall, within 30 days after the filing of the inventory or supplemental inventory first showing assets of the estate, commence publication of notice to interested persons as provided in this section. [1969 c.591 �95; 1973 c.506 �26; 2007 c.284 �11; 2019 c.414 �3; 2023 c.18 �1]
����� 113.160 [Repealed by 1969 c.591 �305]
����� 113.165 Filing inventory and evaluation. Within 90 days after the date of appointment, unless a longer time is granted by the court, a personal representative shall file in the estate proceeding an inventory of all property of the estate that has come into the possession or knowledge of the personal representative. The inventory shall show the estimates by the personal representative of the respective fair market values as of the date of the death of the decedent of the properties described in the inventory. If no property of the estate has come into the possession or knowledge of the personal representative, the personal representative shall file an inventory stating that no property of the estate has come into the possession or knowledge of the personal representative. [1969 c.591 �96; 1987 c.586 �27; 1991 c.191 �2; 2017 c.169 �17; 2019 c.414 �4]
����� 113.175 Property discovered after inventory filed. (1) Whenever any property of the estate not included in the inventory comes into the possession or knowledge of the personal representative, the personal representative shall either file in the estate proceeding a supplemental inventory within 30 days after the date of receiving possession or knowledge, or include the property in the next accounting.
����� (2) If the inventory states that no assets of the estate are known to the petitioner and assets of the estate later come into the possession or knowledge of the personal representative, the personal representative shall file in the estate proceeding a supplemental inventory within 30 days after receiving possession or knowledge of the assets. [1969 c.591 �97; 2019 c.414 �5]
����� 113.185 Appraisal. (1) The personal representative may employ a qualified and disinterested appraiser to assist the personal representative in the appraisal of any property of the estate the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of property.
����� (2) The court in its discretion may direct that all or any part of the property of the estate be appraised by one or more appraisers appointed by the court.
����� (3) An appraisal under this section must be in writing and must be signed by the appraiser making it.
����� (4) Each appraiser is entitled to be paid a reasonable fee from the estate for services and to be reimbursed from the estate for necessary expenses. [1969 c.591 �98; 2017 c.169 �18]
����� 113.195 Removal of personal representative. (1) When a personal representative ceases to be qualified as provided in ORS