to 114.560 is personally answerable and accountable:

114.505 to 114.560 is personally answerable and accountable:

����� (a) To the extent of the value of the property received, to creditors of the estate to the extent such creditors are entitled to payment under subsection (1) of this section; and

����� (b) To any personal representative of the estate of the decedent appointed after the payment, delivery or transfer is made.

����� (5) A financial institution as defined in ORS 706.008 that opens one or more deposit accounts for an affiant pursuant to subsection (1)(e) of this section is not liable to any other person for opening the account or accounts or for permitting the affiant to withdraw funds from the account or accounts by means of checks, drafts, negotiable orders of withdrawal or otherwise. The financial institution is not required to ensure that the funds of the decedent that are paid out by the affiant are properly applied. [1973 c.710 �7; 1979 c.340 �4; 1985 c.300 �5; 1989 c.148 �6; 1989 c.228 �5; 1991 c.191 �4; 2003 c.655 �61; 2015 c.146 �1; 2019 c.165 �13; 2021 c.97 �14; 2023 c.17 �15]

����� 114.547 Sales and transfers to third parties. (1) Before the completion of the two-year period established in ORS 114.550, and in exchange for adequate consideration:

����� (a) The affiant may transfer or sell any real property if each heir or devisee who would succeed to the interest conveyed joins in the conveyance.

����� (b) The affiant may transfer or sell any personal property that is specifically devised to an individual devisee with the consent of the individual devisee.

����� (c) The affiant may transfer or sell any personal property that is not specifically devised to an individual devisee without the consent of any other person.

����� (2) Notwithstanding subsection (1) of this section, the affiant need not obtain participation or consent of any person if a transfer is required for purposes of abatement under ORS 116.133.

����� (3) The proceeds of a sale under this section, net of the reasonable expenses of sale and any debt secured as of the date of the decedent�s death by a duly perfected lien on the property, become a part of the estate.

����� (4) If the affiant transfers or sells any vehicle that is part of the estate under this section, the affiant shall comply with the requirements established by the Department of Transportation for such purposes under ORS 803.094.

����� (5) If the affiant transfers or sells a manufactured structure as defined in ORS 446.561 under this section, the affiant shall assign the interest in the structure as provided in ORS 446.616.

����� (6) Any transfer or conveyance under this section to a purchaser in good faith and for a valuable consideration transfers or conveys the interest stated in the transfer or conveyance free of any interest of the claiming successors, and the purchaser has no duty with respect to application of the consideration paid for the transfer or conveyance. [2019 c.165 �15]

����� 114.549 Liability of affiant. An affiant may be liable for and is chargeable in the accounts of the affiant with:

����� (1) All of the estate of the decedent that comes into the possession of the affiant at any time, including income from the estate.

����� (2) All property not a part of the estate if:

����� (a) The affiant has commingled the property with the assets of the estate; or

����� (b) The property was received under a duty imposed on the affiant by law in the capacity of affiant.

����� (3) Any loss to the estate arising from:

����� (a) Neglect or unreasonable delay in collecting the assets of the estate.

����� (b) Neglect in paying over money or delivering property of the estate.

����� (c) Failure to pay taxes as required by law or to close the estate within a reasonable time.

����� (d) Embezzlement or commingling of the assets of the estate with other property.

����� (e) Unauthorized self-dealing.

����� (f) Any other negligent or willful act or nonfeasance in the administration of the estate by which loss to the estate arises. [2019 c.165 �16]

����� 114.550 Summary review of administration of estate; hearing; order; removal of affiant; surcharge. (1)(a) The affiant or any claiming successor of the estate who has not been paid the full amount owed the claiming successor may, within two years after the filing of a simple estate affidavit, file with the probate court a petition for summary review of administration of the estate.

����� (b) Notwithstanding paragraph (a) of this subsection, a person may file a petition for summary review under this section for the purpose of compelling the affiant to distribute property of the estate within 60 days after the completion of the two-year period described in paragraph (a) of this subsection.

����� (c) A creditor may not file a petition under this section if the creditor received a copy of a simple estate affidavit delivered or mailed to the creditor within 30 days after the date the affidavit was filed, the creditor was shown as a disputed creditor in the affidavit and the creditor has not filed a petition for summary determination under ORS 114.542.

����� (d) A creditor may not file a petition under this section if the creditor presented a claim to the affiant, the claim was disallowed and the creditor did not file a petition for summary determination under ORS 114.542.

����� (2) Within 30 days after the filing of a petition under subsection (1) of this section by a person other than the affiant, the affiant shall file with the court an answer to the petition for summary review.

����� (3) The court shall hear the matter without a jury, after notice to the claiming successor and the affiant, and any interested person may be heard in the proceeding.

����� (4) Upon the hearing:

����� (a) The court shall review administration of the estate in a summary manner and may order the affiant to sell property of the estate and pay creditors, to pay creditors of the estate from property of the estate or of the affiant, or to distribute property of the estate to the claiming successors, or may order any person who has received property of the estate to pay amounts owed to claiming successors of the estate in whole or in part.

����� (b) If the court allows a claim of a creditor in whole or in part, the court shall order the affiant, to the extent of property of the estate allocable to the payment of the claim pursuant to ORS 115.125, and any claiming successor to whom property of the estate has been delivered or transferred under ORS 114.505 to 114.560, to the extent of the value of the property received, to pay to the creditor the amount allowed.

����� (c) The court may remove the affiant if the affiant failed to comply with ORS 114.505 to 114.560, surcharge the affiant for any loss caused by failure to comply with ORS 114.505 to 114.560 and authorize the substitution of a new affiant. [1989 c.228 �8; 2003 c.196 �3; 2019 c.165 �17; 2023 c.17 �16]

����� 114.552 Filing fees. (1) A person filing a petition for summary determination under ORS 114.542 or a petition for summary review of administration of estate under ORS 114.550, or any other appearance in a proceeding under ORS 114.505 to 114.560, must pay the filing fee established under ORS 21.135.

����� (2) If at any time after the filing of a simple estate affidavit a petition for appointment of a personal representative is filed for the same estate, the person filing the petition must pay the fees established under ORS 21.170. [2011 c.595 �25; 2019 c.165 �18; 2023 c.17 �17]

����� 114.555 Transfer of interest of decedent in property described in affidavit. (1)(a) If a petition to appoint a personal representative is not filed within four months after the filing of a simple estate affidavit, then after the completion of the four-month period described in ORS 114.540, after all unsecured creditors of the estate have been paid to the extent of the property of the estate and before the completion of the two-year period established in ORS 114.550, the affiant shall transfer the interest of the decedent in remaining property or proceeds of property described in the affidavit to the person or persons shown by the affidavit to be entitled to the property, and any other claims against the property are barred, except:

����� (A) As otherwise provided in this section and ORS 114.540, 114.542, 114.545 and 114.550; and

����� (B) For the purposes of a surviving spouse�s claim for an elective share in the manner provided by ORS 114.600 to 114.725.

����� (b) Notwithstanding paragraph (a) of this subsection, if a petition for summary review has been filed under ORS 114.550, the affiant may not transfer the interest of the decedent in the property described in the affidavit until after all claims allowed in the summary review proceeding are paid to the extent of the property of the estate.

����� (2) Property conveyed by an affiant under this section is subject to liens and encumbrances against the decedent or the estate of the decedent. Property conveyed by an affiant under this section is subject to the rights of creditors of the decedent or the estate of the decedent until the expiration of the two-year period established in ORS 114.550.

����� (3) When the affiant transfers an interest in real property under this section, the affiant shall cause to be recorded in the deed records of the county in which the real property is situated a bargain and sale deed conveying the property to the person entitled to the property, executed in the manner required by ORS chapter 93.

����� (4) When the affiant transfers an interest in a manufactured structure as defined in ORS