117.680; 2005 c.126 �1; 2011 c.526 �20; 2017 c.169 �36; 2019 c.166 �10] ����� 116.175 [Repealed by 1969 c.591 �305] ����� 116.180 [Repealed by 1969 c.591 �305] ����� 116.183 Expenses of pe

117.680; 2005 c.126 �1; 2011 c.526 �20; 2017 c.169 �36; 2019 c.166 �10]

����� 116.175 [Repealed by 1969 c.591 �305]

����� 116.180 [Repealed by 1969 c.591 �305]

����� 116.183 Expenses of personal representative; determination of attorney fees. (1) A personal representative shall be allowed in the settlement of the final account all necessary expenses incurred in the care, management and settlement of the estate, including reasonable fees of appraisers, attorneys and other qualified persons employed by the personal representative. A partial award of such expenses, including fees, may be allowed prior to settlement of the final account upon petition, showing that the final account reasonably cannot be filed at that time, and upon notice as directed by the court.

����� (2)(a) An award of reasonable attorney fees under this section shall be made after consideration of the customary fees in the community for similar services, the time spent by counsel, counsel�s experience in such matters, the skill displayed by counsel, the result obtained, any agreement as to fees between the personal representative and the counsel of the personal representative, the amount of responsibility assumed by counsel considering the total value of the estate, and other factors as may be relevant. No single factor is controlling.

����� (b) Before the court awards attorney fees in an amount less than the amount requested by the personal representative, the court must allow the attorney an opportunity to submit additional materials supporting the requested amount.

����� (3) A personal representative who defends or prosecutes any proceeding in good faith and with just cause, whether successful or not, is entitled to receive from the estate necessary expenses and disbursements, including reasonable attorney fees, in the proceeding. [1969 c.591 �185; 1977 c.733 �1; 1987 c.518 �1; 2017 c.169 �37; 2021 c.282 �20]

����� 116.185 [Repealed by 1961 c.417 �2]

����� 116.186 [1961 c.417 �1; repealed by 1969 c.591 �305]

����� 116.190 [Repealed by 1969 c.591 �305]

����� 116.193 Order of escheat. If it appears to the court, at any time after the expiration of four months after the date of publication of notice to interested persons, that there is no known person to take by descent the net intestate estate, the court shall order that the estate escheat to the State of Oregon and that the whole of the estate, after payment of claims, taxes and expenses of administration, and subject to the requirements of ORS 116.205, be distributed to the State Treasurer for deposit into the Unclaimed Property and Estates Fund. There shall be no further proceeding in the administration of the estate, and the estate shall summarily be closed. [1969 c.591 �186; 2019 c.678 �43; 2021 c.424 �15; 2023 c.18 �10; 2025 c.463 �5]

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

����� 116.203 Disposition of unclaimed assets. If a personal representative cannot make payment or delivery of property in the personal representative�s possession to the distributee entitled thereto within 30 days after the date of entry of the judgment of distribution, either because the distributee refuses to accept the property or because the distributee cannot be found, the personal representative shall file a motion, with notice to the State Treasurer of the opportunity to object, to request that the court direct the personal representative to sell or liquidate the property and pay or deliver the property to the State Treasurer, in the manner provided in ORS