113.242���� Authority of estate administrator ����� 113.005 Special administrators. (1) If, prior to appointment and qualification of a personal representative, property of a decedent is in danger

113.242���� Authority of estate administrator

����� 113.005 Special administrators. (1) If, prior to appointment and qualification of a personal representative, property of a decedent is in danger of loss, injury or deterioration, or disposition of the remains of a decedent is required, the court may appoint a special administrator to take charge of the property or the remains. The petition for appointment must state the reasons for special administration and specify the property, so far as known, requiring administration, and the danger to which it is subject.

����� (2)(a) Except as provided in ORS 113.007, the special administrator may not act, and letters may not be issued to the special administrator, until the special administrator provides a bond to the clerk of the court. The bond must be for the security and benefit of all interested persons and must be conditioned upon the special administrator faithfully performing the duties of the position. The bond must be executed by a surety qualified under ORCP 82 D to G.

����� (b) The amount of the bond set by the court under this subsection must be adequate to protect interested persons. In setting the amount of the bond, the court shall consider:

����� (A) The nature, liquidity and apparent value of the property subject to administration.

����� (B) The anticipated income during administration.

����� (C) The probable indebtedness and taxes.

����� (3) The court may authorize the special administrator to:

����� (a) Arrange for and incur expenses for the funeral of the decedent;

����� (b) Incur expenses for the protection of property of the estate; and

����� (c) Administer property of the estate.

����� (4) The special administrator may not approve or reject claims of creditors or pay claims or expenses of administration or take possession of assets of the estate other than those in danger of loss, injury or deterioration pending the appointment of a personal representative.

����� (5) Upon the appointment and qualification of a personal representative the powers of the special administrator cease. Within 30 days after the issuance of letters testamentary or letters of administration to a personal representative, the special administrator shall make and file an account and deliver to the personal representative the assets of the estate in the possession of the special administrator. If the personal representative objects to the account of the special administrator, the court shall hear the objections, and, whether or not objections are made, shall examine the account.

����� (6) To the extent approved by the court, the compensation of the special administrator and expenses properly incurred by the special administrator, including a reasonable fee of the attorney of the special administrator, shall be paid as expenses of administration. [1969 c.591 �80; 1999 c.592 �1; 2016 c.42 �20; 2017 c.169 �4]

����� 113.007 Exceptions to bond requirement for special administrator. (1) A special administrator is not required to provide a bond to the court under ORS 113.005 (2) if a will provides that no bond is required of the person appointed as special administrator, but the court may, for good cause, require a bond notwithstanding any provision in a will that no bond is required.

����� (2) Upon a request by the special administrator, the court may waive the requirement of a bond if:

����� (a) The request states the reasons why the waiver is requested; and

����� (b) The request describes the known creditors of the estate, if the special administrator will administer property of the estate.

����� (3) Upon a request by the special administrator, the court may waive or reduce the requirement of a bond if the court orders the special administrator to provide written confirmation from a financial institution that property of the estate is held by the financial institution subject to withdrawal only on order of the court. [2017 c.169 �6]

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

����� 113.015 Venue. (1) The venue for a proceeding seeking the appointment of a personal representative and for a proceeding to probate a will is:

����� (a) In the county where the decedent had a domicile or where the decedent had a place of abode at the time of death;

����� (b) In any county where property of the decedent was located at the time of death or is located at the time the proceeding is commenced;

����� (c) In the county in which the decedent died; or

����� (d) In the county where a personal injury claim or wrongful death claim, as those terms are defined in ORS 114.441, could be maintained.

����� (2) Filing a proceeding in a county other than specified in subsection (1) of this section does not constitute a jurisdictional defect. [1969 c.591 �81; 2019 c.166 �12]

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

����� 113.025 Proceedings commenced in more than one county. (1) If proceedings seeking the appointment of a personal representative of the same estate or proceedings to probate a will of the same decedent are commenced in more than one county, they shall be stayed except in the county where first commenced until final determination there of venue. A proceeding is considered commenced by the filing of a petition. In determining venue, if the court finds that transfer to another county where a proceeding has been commenced is for the best interest of the estate, it may in its discretion order such transfer.

����� (2) When the court enters an order transferring the proceeding to another county, the clerk of the court shall notify the court for the other county of the order, and the court for the other county has exclusive jurisdiction of the proceeding to the same extent and with like effect as though the proceeding were in the court on original jurisdiction. [1969 c.591 �82; 2017 c.252 �12]

����� 113.027 Limitation on admission of will to probate. A will may not be admitted to probate or an estate reopened to admit a will to probate more than one year after the estate of the decedent has been administered in Oregon and closed. [1973 c.506 �21]

����� 113.030 [Amended by 1963 c.308 �1; repealed by 1969 c.591 �305]

����� 113.035 Petition for appointment of personal representative and probate of will. Any interested person or the person nominated as personal representative named in the will may petition for the appointment of a personal representative and for the probate of a will. The petition must include the following information, so far as known:

����� (1) The name, age, domicile, post-office address and date and place of death of the decedent.

����� (2) Whether the decedent died testate or intestate.

����� (3) The facts relied upon to establish venue.

����� (4) The name and post-office address of the person nominated as personal representative and the facts that show the person is qualified to act.

����� (5) The names, relationship to the decedent and post-office addresses of persons who are or would be the heirs of the decedent upon the death of the decedent intestate, and the ages of any who are minors.

����� (6) A statement that reasonable efforts have been made to identify and locate all heirs of the decedent. If the petitioner knows of any actual or possible omissions from the list of heirs, the petition must include a statement indicating that there are omissions from the information relating to heirs.

����� (7) If the decedent died testate, the names and post-office addresses of the devisees, and the ages of any who are minors. If the will devises property to a person who did not survive the decedent or who is otherwise not entitled to receive the devise, the petition must include a statement explaining why the devise failed. If the petitioner knows of any actual or possible omissions from the list of devisees, the petition must include a statement indicating that there are omissions from the information relating to devisees.

����� (8) The name and post-office address of any person asserting an interest in the estate, or on whose behalf an interest has been asserted, based on a contention that:

����� (a) The will alleged in the petition to be the will of the decedent is ineffective in whole or part;

����� (b) There exists a will that has not been alleged in the petition to be the will of the decedent; or

����� (c) The decedent agreed, promised or represented that the decedent would make or revoke a will or devise, or not revoke a will or devise, or die intestate.

����� (9) The name and post-office address of any person asserting an interest in the estate, or on whose behalf an interest has been asserted, based on a contention that a parent of the decedent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent, as provided by ORS 112.047.

����� (10) Whether the original of the last will of the decedent is in the possession of the court or accompanies the petition. If the original will is not in the possession of the court or accompanying the petition and an authenticated copy of the will probated in another jurisdiction does not accompany the petition, the petition shall also state the contents of the will and indicate that it is lost, destroyed or otherwise unavailable and that it was not revoked.

����� (11) A statement of the extent and nature of assets of the estate, if any, to enable the court to set the amount of bond of the personal representative.

����� (12) If the petition states that no assets of the estate are known to the petitioner under subsection (11) of this section and the petition is not filed under ORS