Title 113 · ORS Chapter 113

411.010, received medical assistance as defined in ORS 414.025 or received care at an institution as defined in ORS 179.010, and it appears that the assistance or the cost of care may be recovered fro

Citation: ORS 411.010

Section: 411.010

411.010, received medical assistance as defined in ORS 414.025 or received care at an institution as defined in ORS 179.010, and it appears that the assistance or the cost of care may be recovered from the estate of the decedent. An attorney approved under this section does not represent the Director of Human Services or the Director of the Oregon Health Authority when appointed as a personal representative. [2009 c.262 �2; 2009 c.828 �6; 2013 c.688 �15]

�� 113.087 Effect of accepting appointment as personal representative; notices to be sent to representative. (1) By accepting appointment, a personal representative, whether a resident or nonresident of this state, submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person.

�� (2) Notice of any proceeding shall be delivered to the personal representative or mailed to the personal representative by ordinary first class mail at the address as listed in the petition for appointment or as thereafter reported to the court. If the personal representative has an address different from that listed in the petition or reported to the court, the person giving the notice shall also mail the notice to that address if it is known to the person. [1973 c.506 �22]

�� 113.090 [Amended by 1969 c.591 �79; renumbered 112.695]

�� 113.092 Convicted felon as nominated personal representative. (1) A person nominated as personal representative who has been convicted of a felony shall inform the court of the conviction. The conviction shall not disqualify the nominee from acting as personal representative unless the court finds that the facts underlying the conviction are substantially similar to facts which would constitute grounds for removal of a personal representative under ORS 113.195 (2), and the court has reasonable grounds to believe that such person will be unfaithful to or neglectful of the trust.

�� (2) A nominee who fails to inform the court of a felony conviction may be disqualified from acting as personal representative. A personal representative who so fails to inform the court may be removed. [1975 c.781 �8]

�� 113.095 Persons not qualified to act as personal representatives. A person is not qualified to act as personal representative if the person is:

�� (1) Incapacitated or financially incapable, as those terms are defined in ORS 125.005.

�� (2) A minor.

�� (3) A person suspended for misconduct or disbarred from the practice of law, during the period of suspension or disbarment.

�� (4) A person who has resigned from the Oregon State Bar when charges of professional misconduct are under investigation or when disciplinary proceedings are pending against the person, until the person is reinstated.

�� (5) A licensed funeral service practitioner unless the decedent was:

�� (a) A relative of the licensed funeral service practitioner; or

�� (b) A licensed funeral service practitioner who was a partner, employee or employer in the practice of the licensed funeral service practitioner who is petitioning for appointment as personal representative. [1969 c.591 �89; 1973 c.308 �1; 1973 c.506 �24; 1975 c.781 �6; 1993 c.287 �1; 2001 c.779 �11; 2003 c.14 �43; 2017 c.169 �14]

�� 113.105 Bond for personal representative. (1)(a) Except as provided in subsections (2) to (5) of this section, the personal representative may not act, and letters may not be issued to the personal representative, until the personal representative provides a bond to the clerk of the court in an amount set by the court. The bond must be for the security and benefit of all interested persons and must be conditioned upon the personal representative faithfully performing the duties of the position. The bond must be executed by a surety qualified under ORCP 82 D to G.

�� (b) The amount of the bond set by the court under this subsection must be adequate to protect interested persons. In setting the amount of the bond, the court shall consider:

�� (A) The nature, liquidity and apparent value of the assets of the estate.

�� (B) The anticipated income during administration.

�� (C) The probable indebtedness and taxes.

�� (2) Subsection (1) of this section does not apply if:

�� (a) The will provides that no bond is required, but the court may, for good cause, require a bond notwithstanding any provision in a will that no bond is required;

�� (b) The personal representative is the sole heir or devisee, but the court may, for good cause, require a bond notwithstanding the fact that the personal representative is the sole heir or devisee;

�� (c) The personal representative is the State Treasurer, the Department of Veterans� Affairs, the Director of Human Services, the Director of the Oregon Health Authority or a person approved under ORS 113.085 or 113.086; or

�� (d) The petition for appointment of the personal representative states that no assets of the estate are known to the petitioner.

�� (3) If no bond was required under subsection (2)(d) of this section and assets of the estate later come into the possession or knowledge of the personal representative, the personal representative shall, within 30 days after filing the inventory or supplemental inventory first showing assets of the estate, file a motion to set or waive the bond as provided in this section.

�� (4) Upon a request by the personal representative, the court may waive the requirement of a bond if:

�� (a) The request states the reasons why the waiver is requested; and

�� (b) The request describes the known creditors of the estate.

�� (5) The court may waive or reduce the requirement of a bond to the extent that:

�� (a) The personal representative provides written confirmation from a financial institution that property of the estate is held by the financial institution subject to withdrawal only on order of the court; or

�� (b) The court restricts the sale, encumbrance or other disposition of property of the estate without prior court approval.

�� (6) Nothing in this section affects the provisions of ORS 709.240, relating to a trust company acting as personal representative. [1969 c.591 �90; 1971 c.421 �2; 1973 c.369 �1; 1973 c.797 �425; 1989 c.682 �1; 2001 c.900 �16; 2003 c.395 �13; 2005 c.625 �72; 2009 c.595 �77; 2009 c.828 �8; 2017 c.169 �15; 2019 c.414 �2; 2019 c.678 �35]

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

�� 113.115 Increasing, reducing or requiring new bond. The court may increase or reduce the amount of the bond of a personal representative, or require a new bond, if it appears to the court that the bond was inadequate or excessive or a new bond is necessary. The surety on the bond may be discharged from liability by an order made pursuant to ORS 33.510 and 33.520. [1969 c.591 �91]

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

�� 113.125 Letters testamentary or of administration. (1) The court shall issue letters testamentary or letters of administration to the personal representative appointed by the court upon the filing with the clerk of the court the bond, if any, required by the court.

�� (2) The letters testamentary or letters of administration must reflect any conditions or limitations imposed by the court on the fiduciary.

�� (3) Letters testamentary may be in the following form:

______________________________________________________________________________

LETTERS TESTAMENTARY

No. _______________

�� THIS CERTIFIES that the will of _______________, deceased, has been proved and _______________ has (have) been appointed and is (are) at the date hereof the duly appointed, qualified and acting _____________________ (Personal Representative(s) with the Will Annexed) of the will and estate of the decedent.

�� IN WITNESS WHEREOF, I, as Clerk of the Circuit Court of the State of Oregon for the County of _______________, in which proceedings for administration upon the estate are pending, subscribe my name and affix the seal of the court this ___ day of ______, 2__.

______________ Clerk of the Court

By __________________ Deputy

(Seal)

______________________________________________________________________________

�� (4) Letters of administration may be in the following form:

______________________________________________________________________________

LETTERS OF ADMINISTRATION

No. ____________

�� THIS CERTIFIES that _____ has (have) been appointed and is (are) at the date hereof the duly appointed, qualified and acting personal representative(s) of the estate of _____, deceased, and that no will of the decedent has been proved in this court.

�� IN WITNESS WHEREOF, I, as Clerk of the Circuit Court of the State of Oregon for the County of _____, in which proceedings for administration upon the estate are pending, subscribe my name and affix the seal of the court this ___ day of _____, 2__.

______________ Clerk of the Court

By __________________ Deputy

(Seal)

______________________________________________________________________________ [1969 c.591 �92; 2017 c.169 �16; 2021 c.282 �16]

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

�� 113.135 Designation of attorney to be filed. If the personal representative has employed an attorney to represent the personal representative in the administration of the estate, the personal representative shall file in the estate proceeding the name and post-office address of the attorney unless that information appears in the petition or the order appointing the personal representative. [1969 c.591 �93]

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

�� 113.145 Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority. (1) Upon appointment a personal representative shall deliver or mail to the devisees, heirs and the persons described in ORS 113.035 (8) and (9) who were required to be named in the petition for appointment of a personal representative, at the addresses shown in the petition, information that must include:

�� (a) The title of the court in which the estate proceeding is pending and the clerk�s file number;

�� (b) The name of the decedent and the place and date of the death of the decedent;

�� (c) Whether or not a will of the decedent has been admitted to probate;

�� (d) The name and address of the personal representative and the attorney of the personal representative;

�� (e) The date of the appointment of the personal representative;

�� (f) A statement advising the devisee, heir or other interested person that the rights of the devisee, heir or other interested person may be affected by the proceeding and that additional information may be obtained from the records of the court, the personal representative or the attorney for the personal representative;

�� (g) If information under this section is required to be delivered or mailed to a person described in ORS 113.035 (8), a statement that the rights of the person in the estate may be barred unless the person proceeds as provided in ORS