(1)(a); or

115.145 (1)(a); or

����� (C) An application for an order directing payment of a claim under ORS 115.185.

����� (6) Nothing in this section is intended to affect the burden of proof or standard of proof that is applied in probate proceedings. [2021 c.282 �2; 2023 c.17 �7; 2025 c.34 �5]

����� Note: Section 6 (3), chapter 34, Oregon Laws 2025, provides:

����� Sec. 6. (3) The amendments to ORS 111.200 by section 5 of this 2025 Act apply to contested issues first raised in a probate proceeding on or after the effective date of this 2025 Act [January 1, 2026]. [2025 c.34 �6(3)]

����� 111.205 Commencement of probate proceeding; pleadings and mode of procedure; jury trial. (1) A probate proceeding is commenced by the filing of a petition in a court with jurisdiction over probate proceedings. Petitions to commence probate proceedings are authorized in ORS chapters 113 and 117.

����� (2) No particular pleadings or forms of pleadings are required in the exercise of jurisdiction of probate courts. All petitions, inventories, reports and accountings in a probate proceeding must be in writing and include a declaration under penalty of perjury in the form required by ORCP 1 E. The declaration must be made by at least one of the persons making the pleading or by the attorney for the person, or in the case of a business entity by an authorized agent. A declarant who is physically outside the boundaries of the United States must make an unsworn declaration under ORS 194.800 to 194.835.

����� (3) Actions in a probate proceeding are not triable by a jury except as otherwise provided by law. [1969 c.591 �12; 1979 c.284 �104; 2007 c.284 �1; 2013 c.218 �13; 2017 c.169 �45; 2021 c.282 �9]

����� 111.210 [Repealed by 1969 c.591 �305]

����� 111.212 [1953 c.650 �2; repealed by 1969 c.591 �305]

����� 111.215 Notice; method and time of giving; computation of time. (1)(a) A notice required under ORS chapter 111, 112, 113, 114, 115, 116 or 117 must contain the following:

����� (A) The name, address and telephone number of the person giving the notice and the nature of that person�s interest in the estate;

����� (B) A statement where objections may be filed and the deadline for filing those objections, if any; and

����� (C) A statement that the objection must include a plain and concise statement of the basis for the objection.

����� (b) The notice must be accompanied by copies of any relevant documents filed or to be filed with the court.

����� (2)(a) Except as otherwise specifically provided in ORS chapter 111, 112, 113, 114, 115, 116 or 117, whenever notice is required in ORS chapter 111, 112, 113, 114, 115, 116 or 117, the petitioner or other person filing the document shall cause notice to be given to the personal representative, to each interested person whose interests may be affected by the substance of the document or the grant or denial of the requested action or relief.

����� (b) If the person giving notice under this section knows that a person who is entitled to notice under paragraph (a) of this subsection is represented by a fiduciary, the notice must also be given to the person�s fiduciary.

����� (c) If a person who is entitled to notice under paragraph (a) of this subsection is a minor, as that term is defined in ORS 125.005, the notice must be given to the minor�s parents and, if the minor is 14 years of age or older, to the minor.

����� (d) As used in this subsection, �parent� means a parent as defined in ORS 419A.004 whose rights have not been terminated or whose rights were terminated but reinstated under ORS 419B.532.

����� (3) Except as otherwise specifically provided in ORS chapter 111, 112, 113, 114, 115, 116 or 117, a notice described in subsection (1) or (2) of this section must be given in one or more of the following ways:

����� (a) By first class mail to the person�s place of residence or business.

����� (b) By personal delivery at the person�s place of residence or business.

����� (c) If the person consents in writing to electronic notice, or if the notice is being given to the Department of Human Services or the Oregon Health Authority and the department or authority has adopted rules allowing for the department or authority to accept electronic notice, by properly directed electronic mail.

����� (d) If the person has appeared by attorney or has requested that notice be sent to the person�s attorney, by mailing or delivery to the person�s attorney. If notice is given to a person�s attorney consistent with this paragraph, the person giving notice is not required to also send notice to the person.

����� (e) If the place of residence or business of any person is not known or cannot be ascertained with reasonable diligence, by publishing a copy of the notice once in each of three consecutive weeks in a newspaper of general circulation in the county where the probate court sits.

����� (f) Upon good cause shown any other method determined by the court to be reasonably suitable under the circumstances and likely to result in receipt of the notice, including notice by electronic mail irrespective of whether the person has consented to electronic service.

����� (4)(a) Except as otherwise ordered by the court or specifically provided in ORS chapter 111, 112, 113, 114, 115, 116 or 117, the notice described in subsection (1) of this section must be given no later than 15 days before the earlier of the date for filing objections to the petition or other pleading or the date set for the hearing.

����� (b) If a notice of time for filing objections or of the date set for a hearing is published as provided in subsection (3)(e) of this section, the last date of publication of the notice shall be at least 15 days before the earlier of the date for the filing of objections to the petition or motion or the date set for the hearing.

����� (5) Proof of the giving of notice described in subsection (1) of this section must be made at or before the hearing, if any, and filed in the proceeding.

����� (6) The time within which an act is to be done under ORS chapter 111, 112, 113, 114, 115, 116 or 117 is determined under ORS 174.120 and 174.125. [1969 c.591 �13; 2007 c.284 �8; 2017 c.169 �3; 2021 c.282 �10]

����� 111.218 Proof of service; proof of publication. (1) Proof of service must be made for all documents for which statutes require giving notice. If notice of a document is not required, no proof of service is required.

����� (2) Proof of service of a document may be on the document filed in the form of a certificate of service that specifies the date of mailing or other service or may be by a separate filing.

����� (3) Proof of publication required to be filed in probate court must be made in the form required by ORCP 7 F. [2007 c.284 �7; 2021 c.282 �11]

����� 111.220 [Repealed by 1957 c.411 �7]

����� 111.225 Waiver of notice. When any notice or information is required to be given under ORS chapters 111, 112, 113, 114, 115, 116 and 117, a guardian, a guardian ad litem, a conservator or a person who is neither incompetent nor a minor may waive notice by a writing signed by the guardian, guardian at litem, conservator or person or the attorney of the guardian, guardian ad litem, conservator or person and filed in the proceeding, or by the appearance of the guardian, guardian ad litem, conservator or person at the hearing. [1969 c.591 �14; 1973 c.506 �5]

����� 111.230 [Repealed by 1957 c.411 �7]

����� 111.231 [1957 c.411 �3; repealed by 1969 c.591 �305]

����� 111.235 Filing objections to petition or motion. (1) Any interested person or the personal representative may file a written objection to a petition or motion previously filed.

����� (2) An objection filed under this section must:

����� (a) Include a plain and concise statement of the basis for the objection;

����� (b) Be served on the persons described in ORS 111.215 (2); and

����� (c) Be filed on or before the final date for the filing of objections to the petition or motion.

����� (3) If no objections are filed before the final date for the filing of objections to the petition or motion, or if all filed objections are withdrawn, the court may sign the proposed order or judgment without further notice. [1969 c.591 �15; 2021 c.282 �12]

����� 111.240 [Repealed by 1957 c.411 �7]

����� 111.241 Hearing. (1) The court may require that a hearing be held on any petition or motion in a probate proceeding.

����� (2) A hearing must be held on a petition or a motion in a probate proceeding if an objection to the petition or motion is filed and the objection is not withdrawn before the hearing. [2021 c.282 �3]

����� 111.245 Proof of documents; certification. (1) Proof of documents pursuant to ORS chapter 111, 112, 113, 114, 115, 116 or 117 may be made as follows:

����� (a) Of a will, by a certified copy of the will.

����� (b) That a will has been probated or established in a foreign jurisdiction, by a certified copy of the document entered in the foreign jurisdiction admitting the will to probate or recognizing the validity of the will.

����� (c) Of letters testamentary or letters of administration, by a certified copy of the letters. The certification may include a statement that the letters have not been revoked.

����� (2) A document filed or entered in a foreign jurisdiction may be proved by a copy of the document, certified by a clerk of the court in which the document was filed or entered or by any other official having legal custody of the original document. [1969 c.591 �16; 2017 c.169 �46; 2021 c.282 �13]

����� 111.255 Translation of documents. If all or part of a document is not in the English language, a translation certified by the translator to be accurate may be attached to the document. If no objection is made to the certified translation, any person who relies in good faith on the accuracy of the translation may not be prejudiced because of its inaccuracy. [1969 c.591 �17; 2017 c.169 �47; 2021 c.282 �14]

����� 111.265 [1969 c.591 �18; repealed by 2021 c.282 �23]

����� 111.275 Limited judgments. (1) The court in a probate proceeding may enter a limited judgment only for the following decisions of the court:

����� (a) A decision on a petition for appointment or removal of a personal representative, including a successor personal representative.

����� (b) A decision in a will contest filed in the probate proceeding.

����� (c) A decision to require delivery of possession of property of the decedent, including records, accounts or documents relating to the property.

����� (d) A decision to determine ownership of title for real or personal property.

����� (e) A decision on a petition or motion for support or elective share.

����� (f) A decision on an objection to a final accounting.

����� (g) A decision on a request made in the proceeding for a declaratory judgment under ORS 111.095.

����� (h) A decision on a request for an award of expenses under ORS 116.183.

����� (i) A decision on surcharge of a fiduciary or a surety.

����� (j) Such decisions of the court as may be specified by rules or orders of the Chief Justice of the Supreme Court under ORS 18.028.

����� (k) Any other decision that is a final determination of the rights of one or more persons.

����� (2) A court may enter a limited judgment under this section only if the court determines that there is no just reason for delay. The judgment document need not reflect the court�s determination that there is no just reason for delay. [2005 c.568 �33; 2009 c.50 �1; 2016 c.42 �18; 2021 c.282 �15]

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