[1969 c.591 �168; 1973 c.506 �36;

116.003 [1969 c.591 �168; 1973 c.506 �36; repealed by 1975 c.717 �14 (116.007 enacted in lieu of 116.003)]

����� 116.005 [Repealed by 1969 c.591 �305]

ALLOCATION OF INCOME

����� 116.007 Allocation of income. (1) Unless the will otherwise provides and subject to subsection (2) of this section, all expenses incurred in connection with the settlement of a decedent�s estate, including debts, funeral expenses, estate taxes, interest and penalties concerning taxes, family allowances, fees of attorneys and personal representatives and court costs, shall be charged against the principal of the estate.

����� (2) Unless the will otherwise provides, income from the assets of a decedent�s estate after the death of the testator and before distribution, including income from property used to discharge liabilities, shall be determined in accordance with the rules applicable to a trustee under ORS chapter 129 and this section and distributed as follows:

����� (a) To specific legatees and devisees, the income from the property bequeathed or devised to them respectively, less taxes, ordinary repairs, and other expenses of management and operation of the property, and an appropriate portion of interest accrued since the death of the testator and of taxes imposed on income, excluding taxes on capital gains, that accrue during the period of administration.

����� (b) To all other legatees and devisees, except legatees of pecuniary bequests that are not in trust and that do not qualify for the marital deduction provided for in section 2056 of the Internal Revenue Code (26 U.S.C. 2056), the balance of the income, less the balance of taxes, ordinary repairs, and other expenses of management and operation of all property from which the estate is entitled to income, interest accrued since the death of the testator, and taxes imposed on income, excluding taxes on capital gains, that accrue during the period of administration, in proportion to their respective interests in the undistributed assets of the estate computed at times of distribution on the basis of inventory value.

����� (3) Income received by a trustee under subsection (2) of this section shall be treated as income of the trust. [1975 c.717 �15 (enacted in lieu of 116.003); 2003 c.279 �33; 2005 c.22 �94; 2007 c.71 �29]

����� 116.010 [Repealed by 1969 c.591 �305]

PARTIAL DISTRIBUTION

����� 116.013 Petition and order for partial distribution. Upon petition by the personal representative or other interested person, and after such notice and hearing as the court may prescribe, the court may order the personal representative to distribute, prior to final settlement and distribution, property of the estate to the person or persons who would be entitled to the property under the will or under intestate succession on final distribution, if the court finds that:

����� (1) After the distribution sufficient assets will remain to pay support of spouse and children, expenses of administration, unpaid claims and all known unpaid creditors of the decedent or of the estate; and

����� (2) The distribution may be made without loss to creditors or injury to the estate or to any interested person. [1969 c.591 �169; 1987 c.646 �1]

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

����� 116.020 [Amended by 1957 c.352 �1; repealed by 1969 c.591 �305]

����� 116.023 Bond or other security. The court may require a bond or other security of any distributee for the protection of creditors and other interested persons who might suffer loss or injury because of the distribution of property under ORS 116.013. [1969 c.591 �170]

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

����� 116.033 Discharge of personal representative. The distribution of property in accordance with the order of the court under ORS 116.013 is a full discharge of the personal representative in respect to all property embraced in the order, except as otherwise provided in ORS chapters 111, 112, 113, 114, 115, 116 and 117. [1969 c.591 �171]

����� 116.043 Petition and order for refund by distributee. If, after the distribution of property under ORS