(6), claims against the estate may be presented within four months

114.515 (6), claims against the estate may be presented within four months after the filing of the amended affidavit.

����� (b) Except as provided in ORS 114.550 or 130.350, a claim presented after the limitations described in paragraph (a) of this subsection is barred.

����� (c) Filing a claim with the court does not constitute presentation to the affiant.

����� (d)(A) Except as provided in subparagraph (B) of this paragraph, a claim is presented to the affiant when the claim is mailed or personally delivered to the affiant at the mailing address for presentment of claims included in the simple estate affidavit under ORS 114.525.

����� (B) If the affiant authorized creditors to present claims by electronic mail or facsimile communication in the simple estate affidavit as provided in ORS 114.525, a claim is presented to the affiant when it is sent to the electronic mail address or the facsimile number designated by the affiant for presentment of claims, unless the sender receives a notice that the electronic mail was not delivered or the facsimile communication was not successful. If the affiant denies receiving the electronic mail or facsimile communication, the burden of proof is on the creditor to demonstrate that the electronic mail was properly addressed and sent or that the facsimile communication was properly addressed and successfully delivered or transmitted.

����� (e) Each claim presented to the affiant must include the information required by ORS 115.025.

����� (2)(a) A claim presented to the affiant that was not listed in the simple estate affidavit shall be considered allowed as presented unless within 60 days after the date of presentment of the claim the affiant mails or delivers a notice of disallowance of the claim in whole or in part to the claimant and any attorney for the claimant. A notice of disallowance of a claim must state the reason for the disallowance and inform the claimant that the claim has been disallowed in whole or in part and, to the extent disallowed, will be barred unless:

����� (A) The claimant files a petition for summary determination as provided in ORS 114.542; or

����� (B) A petition for appointment of a personal representative of the estate is filed within the time allowed under ORS 114.555.

����� (b) Statement of a reason for disallowance under this subsection is not an admission by the affiant and does not preclude the assertion of other defenses to the claim. [1989 c.228 �7; 2003 c.523 �3; 2005 c.122 �4; 2019 c.165 �10; 2023 c.17 �5]

����� 114.542 Summary determination. (1)(a) A creditor of an estate whose claim has been presented within the time permitted by ORS 114.540 (1) and disallowed by the affiant in whole or in part may within 30 days after the date of mailing or delivery of the notice of disallowance file with the probate court a petition for summary determination of the claim by the court.

����� (b) A creditor of the decedent whose claim is listed in the simple estate affidavit as disputed may within four months after the filing of the affidavit or amended affidavit listing the disputed claim file with the probate court a petition for summary determination of the creditor�s claim by the court.

����� (2) The court shall hear a petition for summary determination filed under this section without a jury, after notice to the creditor and affiant, and any interested person may be heard in the proceeding.

����� (3) The claim may be proved as provided in ORS 115.195.

����� (4) Upon a hearing under this section the court shall determine the claim in a summary manner and shall make an order allowing or disallowing the claim in whole or in part.

����� (5) An order of the court made upon summary determination under this section may not be appealed and may be enforced only by the filing of a petition for summary review under ORS 114.550. [2019 c.165 �12; 2023 c.17 �14]

����� 114.545 Affiant as fiduciary; duties, functions and powers of affiant; limitation of liability of financial institution. (1) The affiant:

����� (a) Is a fiduciary who is under a general duty to administer, preserve, settle and distribute the estate in accordance with the terms of the will, the law of intestate succession and ORS 114.505 to 114.560 as expeditiously and with as little sacrifice of value as is reasonable under the circumstances.

����� (b) May not commingle property of the estate of which the affiant has taken possession with property of the affiant or any other person.

����� (c) Shall take control of the property of the estate coming into the possession of the affiant and collect the income from property of the estate in the possession of the affiant.

����� (d) Within 30 days after filing the simple estate affidavit, shall mail or deliver each instrument that the affidavit states will be mailed or delivered.

����� (e) May open one or more deposit accounts in a financial institution as defined in ORS 706.008 with funds of the decedent, upon which the affiant may withdraw funds by means of checks, drafts or negotiable orders of withdrawal or otherwise for the payment of claims and expenses described in paragraph (f) of this subsection.

����� (f) From and to the extent of the property of the estate, shall pay or reimburse any person who has paid:

����� (A) Expenses described in ORS 115.125 (1)(b) and (c) and listed in the simple estate affidavit;

����� (B) Claims listed in the simple estate affidavit as undisputed;

����� (C) Allowed claims presented to the affiant within the time permitted by ORS 114.540; and

����� (D) Claims that the probate court allowed upon summary determination under ORS 114.542.

����� (g) Shall pay claims and expenses under paragraph (f) of this subsection in the order of priority prescribed by ORS 115.125.

����� (h) May transfer and sell property that is part of the estate as provided in ORS 114.547.

����� (i) Shall retain records of the administration of the estate at least until the later of:

����� (A) The expiration of the two-year period established in ORS 114.550; or

����� (B) The conclusion of any summary review proceeding under ORS 114.550.

����� (2) Notwithstanding any other provision of this section or ORS 114.547, when an heir or devisee entitled to succeed to a conveyance fails or refuses to join in the conveyance as required by ORS 114.547, an affiant approved under ORS