115.335���� Chapter does not apply to certain trusts CLAIMS AGAINST ESTATES ����� 115.001 Effect of direction to pay debts, charges, taxes or expenses. A mere testamentary direction to pay deb

115.335���� Chapter does not apply to certain trusts

CLAIMS AGAINST ESTATES

����� 115.001 Effect of direction to pay debts, charges, taxes or expenses. A mere testamentary direction to pay debts, charges, taxes or expenses of administration shall not be considered a direction for exoneration from encumbrances. [1973 c.506 �35]

����� 115.003 Personal representative to make diligent search for claimants; notice to claimants; contents; proof of compliance; exception for estates with no known assets. (1) Except as provided in subsection (6) of this section, during the three months following appointment, unless a longer time is allowed by the court, the personal representative shall make reasonably diligent efforts to investigate the financial records and affairs of the decedent and shall take such further actions as may be reasonably necessary to ascertain the identity and address of each person who has or asserts a claim against the estate. The personal representative shall request and the court shall allow a longer time for ascertaining claims if the personal representative cannot complete reasonably diligent efforts to identify persons with claims during the time required by this section or by a previous order of the court.

����� (2) Not later than 30 days after expiration of the period, including any extensions, described in subsection (1) or (6) of this section, the personal representative shall cause to be delivered or mailed to each person known by the personal representative during such period to have or assert a claim against the estate a notice containing the information required in subsection (3) of this section. The personal representative is not required to give notice on account of a claim that has already been presented, accepted or paid in full or on account of a claim that is merely conjectural. The personal representative may also cause such a notice to be delivered or mailed to any person discovered by the personal representative after expiration of the period described in subsection (1) or (6) of this section to have or assert a claim against the estate.

����� (3) The notice shall include:

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

����� (b) The name of the decedent;

����� (c) The name of the personal representative and the address at which claims are to be presented;

����� (d) A statement that claims against the estate not presented to the personal representative within 45 days of the date of the notice may be barred; and

����� (e) The date of the notice, which shall be the date on which it is delivered or mailed.

����� (4) Not later than 60 days after expiration of the period, including any extensions, described in subsection (1) or (6) of this section, the personal representative shall cause to be filed in the estate proceeding proof of compliance with subsections (1) and (2) of this section. The proof shall include a copy of the form of any notice delivered or mailed, the date on which each notice was delivered or mailed and the name and address of the person to whom each notice was delivered or mailed.

����� (5) The failure of the personal representative to make reasonably diligent efforts to ascertain claims as required by subsection (1) of this section or to cause a notice to be delivered or mailed as required by subsection (2) of this section is a breach of duty to the persons concerned, but does not affect the validity of appointment, duties or powers or the exercise of duties or powers.

����� (6)(a) This section does not apply if the petition for appointment of the personal representative states that no assets of the estate are known to the petitioner and no assets of the estate have come into the possession or knowledge of the personal representative.

����� (b) If the petition for appointment of the personal representative states that no assets of the estate are known to the petitioner and assets of the estate later come into the possession or knowledge of the personal representative, the personal representative shall comply with this section. The three-month period for compliance with subsection (1) of this section begins on the date of filing of the inventory or supplemental inventory first showing assets of the estate. [1989 c.229 �2; 2007 c.284 �12; 2017 c.169 �54; 2019 c.414 �6]

����� 115.004 Recovery for failure to make search or give notice; indemnification; time for commencing action. If, as a result of breach of a duty imposed by ORS 115.003, a claim or any part of a claim is not paid from the estate during administration, the amount of the claim may be recovered as follows:

����� (1) The claimant shall have a cause of action against the personal representative and the surety for the personal representative for the amount the claimant would have been paid from the estate had all claims not barred from payment been presented within the time required by ORS 115.005 (2) and allowed by the personal representative, provided that any payment on account of a judgment entered under subsection (2) of this section shall also satisfy a judgment entered under this subsection in the amount of the payment.

����� (2) The claimant shall have a cause of action against each interested person who received a distribution or other payment from the estate for the amount by which the payment received would have been reduced by payment of the claim from the estate had all claims not barred from payment been presented within the time required by ORS 115.005 (2) and allowed by the personal representative, provided that any payment on account of a judgment entered under subsection (1) of this section shall also satisfy a pro rata portion of each judgment entered under this subsection.

����� (3) Each interested person who received a distribution or other payment from the estate shall indemnify the personal representative and the surety for the personal representative against liability on the claim in the amount by which the payment received would have been reduced by payment of the claim from the estate had all claims not barred from payment been presented within the time required by ORS 115.005 (2) and allowed by the personal representative.

����� (4) Each interested person who received a distribution or other payment from the estate shall indemnify the personal representative and the surety for the personal representative against the reasonable costs, including attorney fees, of defense of the action in the same proportion and to the same extent as such distributee would be required to indemnify against the claim under subsection (3) of this section:

����� (a) If the personal representative prevails against the claimant, in such proportion of the full amount of such costs; or

����� (b) If the claimant prevails against the personal representative, in such proportion of the amount of any such costs which could have been reasonably incurred by the estate upon disallowance of the claim had it been presented within the time required by ORS 115.005 (2).

����� (5) Except as provided in subsection (6) of this section, an action under this section against a personal representative, the surety for a personal representative or an interested person shall be commenced within two years after the death of the decedent or within the statute of limitations applicable to the claim, whichever is earlier.

����� (6) An action for indemnity under subsection (3) or (4) of this section shall be commenced within the time required by subsection (5) of this section, unless:

����� (a) Notice of the action giving rise to the claim for indemnity is given to each party from whom indemnity is sought personally or by mail to the party�s last-known address within 180 days after the complaint in the action is served on the party seeking indemnity; and

����� (b) The action is commenced within one year after a judgment in the action giving rise to the claim for indemnity becomes final and not subject to further appeal. [1989 c.229 �3]

����� 115.005 Presentation of claims; time limitations. (1)(a) Claims against the estate of a decedent, other than claims of the personal representative as a creditor of the decedent, shall be presented to the personal representative. Filing a claim with the court does not constitute presentation to the personal representative. Except as provided in paragraph (b) of this subsection, a claim is presented to the personal representative when the claim is mailed or personally delivered to the personal representative at:

����� (A) The address for the personal representative included in the petition for appointment of the personal representative under ORS 113.035;

����� (B) The address provided for presentation of claims under ORS 115.003; or

����� (C) The address provided for presentation of claims in the published notice under ORS 113.155 or 113.225.

����� (b) In addition to the addresses for the presentation of claims under paragraph (a) of this subsection, the personal representative may authorize creditors to present claims by electronic mail or facsimile communication to a designated electronic mail address or facsimile number. If the personal representative authorizes alternative methods of presentation under this subsection, a claim is presented to the personal representative when it is sent to the electronic mail address or the facsimile number designated by the personal representative for the presentation of claims, unless the sender receives a notice that the electronic mail was not delivered or the facsimile communication was not successful. If the personal representative 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.

����� (2) Except as provided in subsection (3) of this section, a claim is barred from payment from the estate if not presented within the statute of limitations applicable to the claim and before the later of:

����� (a) Four months after the date of publication of notice to interested persons; or

����� (b) If the claim was one with respect to which the personal representative was required to deliver or mail a notice under ORS 115.003 (2), 45 days after a notice meeting the requirements of ORS 115.003 (3) is delivered or mailed to the last-known address of the person asserting the claim.

����� (3) A claim against the estate presented after claims are barred under subsection (2) of this section shall be paid from the estate if the claim:

����� (a) Is presented before the expiration of the statute of limitations applicable to the claim and before the personal representative files the final account;

����� (b) Is presented by a person who did not receive a notice under ORS 115.003 mailed or delivered more than 30 days prior to the date on which the claim is presented and who is not an assignee of a person who received such notice; and

����� (c) Would be allowable but for the time at which the claim is presented.

����� (4) A claim against an estate may be paid under subsection (3) of this section only after payment of all expenses having priority over claims under ORS 115.125 and payment of all previously presented claims.

����� (5) This section does not affect or prevent:

����� (a) Any proceeding to enforce a mortgage, pledge or other lien upon property of the estate, or to quiet title or reform any instrument with respect to title to property; or

����� (b) To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which the decedent or personal representative is protected by liability insurance at the time the proceeding is commenced. [1969 c.591 �141; 1973 c.506 �29; 1989 c.229 �4; 1993 c.214 �1; 2001 c.620 �3; 2003 c.523 �1; 2017 c.169 �27; 2023 c.18 �8]

����� 115.008 Application of time limitations to public bodies. Notwithstanding ORS 12.250, and except as otherwise specifically provided in this chapter, all statutes of limitation and other time limitations imposed under this chapter apply to actions brought in the name of the state, or brought in the name of any county or public corporation, and to actions brought for the benefit of the state or for the benefit of any county or public corporation. [1999 c.675 �3; 2001 c.620 �4]

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

����� 115.015 [1969 c.591 �141a; 1973 c.506 �30; repealed by 1989 c.229 �15]

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

����� 115.025 Form of claims. Each claim presented shall:

����� (1) Be in writing.

����� (2) Describe the nature and the amount of the claim, if ascertainable.

����� (3) State the names and addresses of the claimant and, if any, the attorney of the claimant. [1969 c.591 �142; 1973 c.506 �31; 2017 c.169 �55]

����� 115.035 Waiver of defect or insufficiency. A defect of form of a claim timely presented may be waived by the personal representative or by the court. [1969 c.591 �143; 1973 c.506 �32]

����� 115.045 Written evidence of claim. When it appears that there is written evidence of a claim that has been presented to the personal representative, the claimant, upon demand by the personal representative, shall produce the evidence or account for its nonproduction. [1969 c.591 �144]

����� 115.055 Claims on debts due. If a claim on a debt due is presented and allowed, allowance shall be in the amount of the debt remaining unpaid on the date of allowance. [1969 c.591 �145]

����� 115.065 Claims on secured debts due. (1) A claim on a debt due for which the creditor holds security may be presented as a claim on an unsecured debt due. A creditor who presents a claim under this subsection does not waive the creditor�s security interest and may recover a deficiency as provided in subsection (5) of this section.

����� (2) If the claim is presented, the claim shall describe the security generally. If the security is an encumbrance that is recorded, it is sufficient to describe the encumbrance by reference to the book and page or document number, date and place of recording or filing.

����� (3) If the claim is presented and allowed, allowance shall be in the amount of the debt remaining unpaid on the date of allowance.

����� (4) If the creditor surrenders the security, payment shall be on the basis of the amount allowed.

����� (5) If the creditor does not surrender the security, payment shall be on the basis of:

����� (a) If the creditor exhausts the security before receiving payment, unless precluded by other law, the amount allowed, less the amount realized on exhausting the security; or

����� (b) If the creditor does not exhaust the security before receiving payment or does not have the right to exhaust the security, the amount allowed, less the value of the security determined by agreement or as the court may order.

����� (6) The personal representative may convey the secured property to the creditor in consideration of the satisfaction or partial satisfaction of the claim. [1969 c.591 �146; 1989 c.229 �5; 2017 c.169 �28]

����� 115.070 Claims on debts reduced to judgments. If a judgment was entered on a claim prior to the death of the decedent but was not a lien against property of the estate on the date of the decedent�s death, the claim shall be presented in the same manner as if no judgment had been entered, and a copy of the judgment shall be attached to the claim. A claim for which a judgment was entered prior to the death of the decedent may be disallowed only if the judgment was void or voidable, or if the judgment could have been set aside on the date of the decedent�s death, or if the claim is not presented within the time required by ORS 115.005. If the judgment was a lien against property of the estate on the date of the decedent�s death it shall be treated as a claim on a debt due for which the creditor holds security under ORS 115.065. In all other respects a claim that has been reduced to judgment shall have the same priority under ORS 115.125 as the claim would have had were it not reduced to judgment. [1989 c.229 �11; 2017 c.169 �29]

����� 115.075 Claims on debts not due. A claim on a debt not due, whether or not the creditor holds security therefor, may be presented as a claim on a debt due. If the claim is allowed, allowance shall be in an amount equal to the value of the debt on the date of allowance. The creditor, after allowance of the claim, may withdraw the claim without prejudice to other remedies. Payment on the basis of the amount allowed discharges the debt and the security, if any, held by the creditor therefor. [1969 c.591 �147]

����� 115.085 Claims on contingent and unliquidated debts. (1) A claim on a contingent or unliquidated debt shall be presented as any other claim.

����� (2) If the debt becomes absolute or liquidated before distribution of the estate, the claim shall be paid in the same manner as a claim on an absolute or liquidated debt.

����� (3) If the debt does not become absolute or liquidated before distribution of the estate, the court shall provide for payment of the claim by any of the following methods:

����� (a) The creditor and personal representative may determine, by agreement, arbitration or compromise, the value of the debt, and upon approval thereof by the court, the claim may be allowed and paid in the same manner as a claim on an absolute or liquidated debt.

����� (b) The court may order the personal representative to make distribution of the estate, but to retain sufficient funds to pay the claim if and when the debt becomes absolute or liquidated. The estate may not be kept open for this purpose more than two years after distribution of the remainder of the estate. If the debt does not become absolute or liquidated within that time, the funds retained, after payment therefrom of any expenses accruing during that time, shall be distributed to the distributees.

����� (c) The court may order the personal representative to make distribution of the estate as though the claim did not exist.

����� (d) If after distribution under paragraph (b) or (c) of this subsection the debt becomes absolute or liquidated, the distributees are liable to the creditor to the extent of the estate received by them. Payment of the debt may be arranged by creating a trust, giving a mortgage, securing a bond from a distributee or by such other method as the court may order. [1969 c.591 �148]

����� 115.095 Compromise of claims. The personal representative may compromise a claim against the estate of a decedent. [1969 c.591 �149]

����� 115.105 Claims of personal representative. A claim of a personal representative shall be filed with the clerk of the court within the time required by law for presentation of claims. Upon application by the personal representative or by any interested person the claim may be considered by the court on the hearing of the final account of the personal representative or prior to the hearing of the final account upon notice to interested persons. [1969 c.591 �150; 1973 c.506 �33; 2017 c.169 �56]

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

����� 115.115 Payment of claims. After the day on which all known claims are barred under ORS 115.005 (2), the personal representative, after making provision for support of spouse and children ordered by the court, for expenses of administration and for claims already presented which have not been allowed or allowance of which has been appealed, shall proceed to pay the claims allowed against the estate in the order of priority prescribed by ORS 115.125. After payment of those claims, claims presented and allowed under ORS 115.005 (3) shall be paid in the order in which they are received and to the extent of the remaining assets of the estate. [1969 c.591 �151; 1989 c.229 �6]

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

����� 115.125 Order of payment of expenses and claims. (1) If the applicable assets of the estate are insufficient to pay all expenses and claims in full, the personal representative shall make payment in the following order:

����� (a) Support of spouse and children, subject to the limitations imposed by ORS 114.065.

����� (b) Expenses of administration of the estate, and subject to preferences established under federal law, expenses of administration of any protective proceeding in which the decedent was the protected person authorized by the court in the protective proceeding.

����� (c) Expenses of a plain and decent funeral.

����� (d) Debts and taxes with preference under federal law.

����� (e) Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent to which the persons are otherwise entitled by law.

����� (f) Taxes with preference under the laws of this state that are due and payable while possession of the estate of the decedent is retained by the personal representative.

����� (g) Debts owed employees of the decedent for labor performed within 90 days immediately preceding the date of death of the decedent.

����� (h) Child support arrearages.

����� (i) The claim of the Department of Veterans� Affairs under ORS 406.100, including a claim the waiver of which was retracted by the Director of Veterans� Affairs under ORS