Chapter 114 — Administrationof Estates Generally

 

2009 EDITION

 

ADMINISTRATIONOF ESTATES GENERALLY

 

PROBATELAW

 

SUPPORTOF SPOUSE AND CHILDREN

 

114.005 Occupancyof family abode by spouse and children

 

114.015 Supportof spouse and children

 

114.025 Petitionfor support and answer

 

114.035 Temporarysupport

 

114.045 Modificationor termination of support

 

114.055 Natureof support

 

114.065 Limitationson support

 

114.075 Priorityof support; treated as administration expense

 

114.085 Settingapart whole estate for support; termination of administration

 

ELECTIVESHARE OF SURVIVING SPOUSE

 

114.105 Rightto elective share; effect of election

 

114.115 Electionbarred by agreement

 

114.125 Electiveshare limited by total property received

 

114.135 Denialof election or share reduction when decedent and surviving spouse living apart

 

114.145 Whatconstitutes election

 

114.155 Electionby court or conservator of surviving spouse

 

114.165 Paymentof elective share

 

TITLEAND POSSESSION OF PROPERTY

 

114.205 Nodistinction between real and personal property

 

114.215 Devolutionof and title to property

 

114.225 Possessionand control of decedent’s estate

 

DUTIESAND POWERS OF PERSONAL REPRESENTATIVES

 

114.255 Commencementof duties and powers of personal representative; prior acts

 

114.265 Generalduties of personal representative

 

114.275 Personalrepresentative to proceed without court order; application for authority,approval or instructions

 

114.285 Namingor appointment of personal representative does not discharge claim

 

114.295 Dischargeor devise in will of claim of testator

 

114.305 Transactionsauthorized for personal representative

 

114.315 Rightto perfect lien or security interest

 

114.325 Powerto sell, mortgage, lease and deal with property

 

114.333 Transferof title and interest to real property by foreign personal representative

 

114.335 Courtorder for sale, mortgage or lease

 

114.345 Titleconveyed free of claims of creditors

 

114.355 Saleor encumbrance to personal representative voidable; exceptions

 

114.365 Validationof certain sales

 

114.375 Nonliabilityof transfer agents

 

114.385 Personsdealing with personal representative; protection

 

114.395 Improperexercise of power; breach of fiduciary duty

 

114.405 Personalliability of personal representative

 

114.415 Copersonalrepresentatives; when joint action required

 

114.425 Discoveryof property, writings and information

 

114.435 Powerto avoid transfers

 

SMALLESTATES

 

114.505 Definitionsfor ORS 114.505 to 114.560

 

114.515 Valueof estate; where affidavit filed; fee; amended affidavit; supplementalaffidavit

 

114.517 Approvalof attorneys filing affidavits for recipients of Medicaid or other publicassistance

 

114.520 Authorizationfrom Department of State Lands required for filing of affidavit by creditor ifdecedent dies intestate and without heirs; rules

 

114.525 Contentof affidavit

 

114.535 Transferof decedent’s property to affiant; proceedings to compel transfer

 

114.540 Procedurefor claims; disallowance; summary determination

 

114.545 Dutiesof person filing affidavit; payment of claims; conveyance of real property;liability of person to whom property transferred or payment made

 

114.550 Summaryreview of administration of estate; hearing

 

114.555 Effectof failure to appoint personal representative

 

114.560 Exclusiveremedy

 

ELECTIVESHARE FOR DECEDENTS WHO DIE ON OR AFTER JANUARY 1, 2011

 

(Generally)

 

114.600 Electiveshare generally

 

114.605 Amountof elective share

 

114.610 Mannerof making election

 

114.615 Paymentof elective share

 

114.620 Waiverof right to elect and other rights

 

114.625 Whomay exercise right of election

 

(AugmentedEstate)

 

114.630 Augmentedestate

 

114.635 Exclusionsfrom augmented estate

 

(Decedent’sProbate Estate)

 

114.650 Decedent’sprobate estate

 

(Decedent’sNonprobate Estate)

 

114.660 Decedent’snonprobate estate

 

114.665 Decedent’snonprobate estate; property owned immediately before death

 

(SurvivingSpouse’s Estate)

 

114.675 Survivingspouse’s estate

 

(Decedent’sProbate Transfers to Spouse)

 

114.685 Decedent’sprobate transfers to surviving spouse

 

(Decedent’sNonprobate Transfers to Spouse)

 

114.690 Decedent’snonprobate transfers to surviving spouse

 

(Paymentof Elective Share)

 

114.700 Priorityof sources from which elective share payable

 

114.705 Liabilityof recipients of decedent’s nonprobate estate

 

114.710 Protectiveorder

 

(Procedure)

 

114.720 Proceedingsto claim elective share

 

114.725 Effectof separation

 

SUPPORTOF SPOUSE AND CHILDREN

 

114.005Occupancy of family abode by spouse and children. The spouse anddependent children of a decedent, or any of them, may continue to occupy theprincipal place of abode of the decedent until one year after the death of thedecedent or, if the estate therein is an estate of leasehold or an estate forthe lifetime of another, until one year after the death of the decedent or theearlier termination of the estate. During that occupancy:

(1)The occupants shall not commit or permit waste to the abode, or cause or permitmechanic’s or materialman’s or other liens to attach thereto.

(2)The occupants shall keep the abode insured, to the extent of the fair marketvalue of the improvements, against fire and other hazards within the extendedcoverage provided by fire insurance policies. In the event of loss or damagefrom those hazards, to the extent of the proceeds of the insurance, they shallrestore the abode to its former condition.

(3)The occupants shall pay taxes and improvement liens on the abode as paymentthereof becomes due.

(4)The abode is exempt from execution to the extent that it was exempt when thedecedent was living. [1969 c.591 §103]

 

114.010 [Repealed by1969 c.591 §305]

 

114.015Support of spouse and children. The court by order shall make necessaryand reasonable provision from the estate of a decedent for the support of thespouse and dependent children of the decedent, or any of them, upon:

(1)Petition therefor by or on behalf of the spouse or any dependent child;

(2)Service of the petition and notice of hearing thereon to the personalrepresentative, unless the petitioner is the personal representative;

(3)Notice to persons whose distributive shares of the estate may be diminished bythe granting of the petition, unless the court by order directs otherwise; and

(4)Hearing. [1969 c.591 §104]

 

114.020 [Amended by1955 c.69 §1; repealed by 1969 c.591 §305]

 

114.025Petition for support and answer. (1) The petition for support under ORS114.015 shall include a description of property, other than property of theestate, available for the support of the spouse and children, and an estimateof the expenses anticipated for their support. If the petitioner is thepersonal representative, the petition shall also include, so far as known, astatement of the nature and estimated value of the property of the estate andof the nature and estimated amount of claims, taxes and expenses ofadministration.

(2)If the personal representative is not the petitioner, the personalrepresentative shall answer the petition for support. The answer shall include,so far as known, a statement of the nature and estimated value of the propertyof the estate and of the nature and estimated amount of claims, taxes andexpenses of administration. [1969 c.591 §105]

 

114.030 [Repealed by1969 c.591 §305]

 

114.035Temporary support.Pending hearing upon the petition under ORS 114.015, temporary support may beallowed by order of the court in an amount and of a nature the court considersreasonably necessary for the welfare of the surviving spouse and dependent childrenof the decedent or any of them. [1969 c.591 §106]

 

114.040 [Repealed by1969 c.591 §305]

⚖️ State Laws