114.462, proof of compliance with this subsection or a waiver of notice as provided under ORS 111.225. ����� (5) Within 30 days after the appointment of the personal representative, the personal repr

114.462, proof of compliance with this subsection or a waiver of notice as provided under ORS 111.225.

����� (5) Within 30 days after the appointment of the personal representative, the personal representative must mail or deliver the following information to the Department of Human Services and the Oregon Health Authority:

����� (a) The title of the court in which the estate proceeding is pending and the case number;

����� (b) The name of the decedent and the place and date of the death of the decedent;

����� (c) The name and address of the personal representative, the attorney representing the personal representative in the wrongful death action and the attorney representing the personal representative in the probate proceeding;

����� (d) The date of the appointment of the personal representative; and

����� (e) Any other information required by rule of the department or the authority. [2019 c.166 �6; 2019 c.678 �41b]

����� Note: See note under 114.441.

����� 114.459 Waiver of requirements. (1) When a personal representative is appointed ORS 114.453 and no assets of the estate have been discovered:

����� (a) The following requirements are waived:

����� (A) Information to devisees, heirs and interested persons of appointment of personal representative under ORS 113.145;

����� (B) Publication of notice under ORS 113.155;

����� (C) The bond required under ORS 113.105;

����� (D) Proof of compliance of diligent search for claimants under ORS 115.003; and

����� (E) The inventory required under ORS 113.165.

����� (b) The personal representative may file an annual report on the status of the wrongful death claim in lieu of the annual account required under ORS 116.083.

����� (c) In lieu of filing a final account under ORS 116.083 (4), the personal representative may file a motion to close the estate ORS 114.462.

����� (2) This section does not limit or modify the provisions of ORS 30.030 (3). [2019 c.166 �7]

����� Note: See note under 114.441.

����� 114.462 Motion to close estate; objections; judgment; discharge of personal representative. (1) When a personal representative is appointed under ORS 114.453 and no assets of the estate have been discovered, the personal representative may move to close the estate after resolution of the wrongful death claim and distribution of any funds recovered in the wrongful death claim, but no earlier than four months after the latest date of delivery or mailing of the information described ORS 114.456.

����� (2) The motion must state that no assets of the estate have been discovered and that the wrongful death claim has been resolved.

����� (3) The motion must be accompanied by receipts or other evidence satisfactory to the court showing that the damages accepted or recovered in the wrongful death claim have been distributed as provided in ORS 30.030.

����� (4) The personal representative shall set a time for filing objections to the motion to close the estate. Not less than 20 days before the time set, the personal representative shall mail a copy of the motion to close the estate to each beneficiary.

����� (5) If the court grants the motion, the court shall enter a general judgment closing the estate and discharging the personal representative. The discharge so entered operates as a release of the personal representative from further duties and as a bar to any action against the personal representative. The court may, in its discretion and upon such terms as may be just, within one year after entry of the judgment of discharge, permit an action to be brought against the personal representative if the judgment of discharge was taken through fraud or misrepresentation of the personal representative or through the mistake, inadvertence, surprise or excusable neglect of the claimant. [2019 c.166 �8]

����� Note: See note under 114.441.

SIMPLE ESTATES

����� 114.505 Definitions for ORS 114.505 to 114.560. As used in ORS 114.505 to 114.560:

����� (1) �Affiant� means the person or persons signing a simple estate affidavit.

����� (2) �Claiming successors� means:

����� (a) If the decedent died intestate, the heir or heirs of the decedent, or if there is no heir, an estate administrator of the State Treasurer appointed under ORS