ORS 113.085
Preference in appointing personal representative


(1)

Except as provided in subsection (3) of this section, upon the filing of the petition under ORS 113.035 (Petition for appointment of personal representative and probate of will), if there is no will or if there is a will and it has been proved, the court shall appoint a qualified person the court finds suitable as personal representative, giving preference in the following order:

(a)

The personal representative named in the will.

(b)

If the surviving spouse of the decedent is a distributee of the estate, the surviving spouse of the decedent or the nominee of the surviving spouse of the decedent.

(c)

If the person is a distributee of the estate, a person who would be entitled to property of the decedent under intestate succession.

(d)

Any other distributee of the estate.

(e)

The Director of Human Services or the Director of the Oregon Health Authority, or an attorney approved under ORS 113.086 (Approval of attorneys who are eligible to be personal representative for decedent who received Medicaid or other public assistance), if the decedent received public assistance as defined in ORS 411.010 (Definitions), received medical assistance as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) or received care at an institution described in ORS 179.321 (Responsibility to supervise state institutions) (1) and it appears that the assistance or the cost of care may be recovered from the estate of the decedent.

(f)

The Department of Veterans’ Affairs, if the decedent was a protected person under ORS 406.050 (Additional powers and duties of director or department) (10) and the department has joined in the petition for such appointment.

(g)

Any other person.

(2)

Before the court appoints a personal representative under subsection (1)(b) to (g) of this section, the court may require the petitioner to make a reasonable attempt to notify persons of higher priority than the proposed personal representative under subsection (1)(b) to (g) of this section.

(3)

Except as provided in subsection (4) of this section, the court shall appoint the State Treasurer as personal representative if it appears that the decedent died wholly intestate and without known heirs. The Attorney General shall represent the State Treasurer in the administration of the estate. The State Treasurer shall deposit any funds received by the State Treasurer in the capacity of personal representative in accounts, separate and distinct from the General Fund, established in the State Treasury. Interest earned by such account shall be credited to that account.

(4)

The court may appoint a person other than the State Treasurer to administer the estate of a decedent who died wholly intestate and without known heirs if the person filing a petition under ORS 113.035 (Petition for appointment of personal representative and probate of will) attaches written authorization from the State Treasurer approving the filing of the petition by the person. Except as provided by rule adopted by the State Treasurer, the State Treasurer may consent to the appointment of another person to act as personal representative only if it appears after investigation that the estate is insolvent. [1969 c.591 §88; 1971 c.421 §1; 1971 c.675 §1; 1973 c.370 §1; 1987 c.158 §17a; 1987 c.425 §1; 1989 c.966 §2; 1995 c.106 §2; 2001 c.102 §3; 2001 c.900 §15; 2003 c.395 §12; 2005 c.381 §20; 2005 c.625 §56; 2009 c.595 §76; 2009 c.602 §2; 2009 c.828 §7; 2011 c.720 §57; 2013 c.36 §33; 2013 c.688 §14; 2015 c.381 §5; 2017 c.169 §13; 2019 c.678 §34]

Source: Section 113.085 — Preference in appointing personal representative, https://www.­oregonlegislature.­gov/bills_laws/ors/ors113.­html.

Attorney General Opinions

Division of State Lands authority to dispose of money and property of intestate decedent without heirs, (1974) Vol 37, p 255

113.005
Special administrators
113.007
Exceptions to bond requirement for special administrator
113.015
Venue
113.025
Proceedings commenced in more than one county
113.027
Limitation on admission of will to probate
113.035
Petition for appointment of personal representative and probate of will
113.038
Request for different method of compensation of personal representative
113.045
Information of escheat to State Treasurer
113.055
Testimony of attesting witnesses to will
113.065
Establishing foreign wills
113.075
Will contest
113.085
Preference in appointing personal representative
113.086
Approval of attorneys who are eligible to be personal representative for decedent who received Medicaid or other public assistance
113.087
Effect of accepting appointment as personal representative
113.092
Convicted felon as nominated personal representative
113.095
Persons not qualified to act as personal representatives
113.105
Bond for personal representative
113.115
Increasing, reducing or requiring new bond
113.125
Letters testamentary or of administration
113.135
Designation of attorney to be filed
113.145
Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority
113.155
Publication of notice to interested persons
113.165
Filing inventory and evaluation
113.175
Property discovered after inventory filed
113.185
Appraisal
113.195
Removal of personal representative
113.205
Powers of surviving personal representative
113.215
Appointment of successor personal representative
113.225
Notice to interested persons by successor personal representative
113.235
Appointment of estate administrators by State Treasurer
113.238
Requirements and prohibitions related to certain decedents who die intestate and without heirs
113.242
Authority of estate administrator
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