ORS 113.145
Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority

Text
Annotations 3

(1)

Upon appointment a personal representative shall deliver or mail to the devisees, heirs and the persons described in ORS 113.035 (Petition for appointment of personal representative and probate of will) (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 (Petition for appointment of personal representative and probate of will) (8), a statement that the rights of the person in the estate may be barred unless the person proceeds as provided in ORS 113.075 (Will contest) within four months of the delivery or mailing of the information; and

(h)

If information under this section is required to be delivered or mailed to a person described in ORS 113.035 (Petition for appointment of personal representative and probate of will) (9), a statement that the rights of the person in the estate may be barred unless the person proceeds as provided in ORS 112.049 (Petition for forfeiture of parent’s share) within four months of the delivery or mailing of the information.

(2)

If the personal representative is a devisee, heir or other interested person named in the petition the personal representative is not required to deliver or mail the information under this section to the personal representative.

(3)

The failure of the personal representative to give information under this section is a breach of duty to the persons concerned, but does not affect the validity of the personal representative’s appointment, duties or powers or the exercise of duties or powers.

(4)

Within 30 days after the date of appointment a personal representative shall cause to be filed in the estate proceeding proof of the delivery or mailing required by this section or a waiver of notice as provided under ORS 111.225 (Waiver of notice). The proof must include a copy of the information delivered or mailed and the names of the persons to whom it was delivered or mailed.

(5)

If before the filing of the final account the personal representative has actual knowledge that the petition did not include the name and address of any person described in ORS 113.035 (Petition for appointment of personal representative and probate of will) (4), (5), (7), (8) or (9), the personal representative shall:

(a)

Make reasonable efforts under the circumstances to ascertain each of those names and addresses;

(b)

Promptly deliver or mail information specified in subsection (1) of this section to each of those persons located after the filing of the petition and before the filing of the final account; and

(c)

File in the estate proceeding, on or before filing the final account under ORS 116.083 (Accounting by personal representative), proof of compliance with this subsection or a waiver of notice as provided under ORS 111.225 (Waiver of notice).

(6)

Within 30 days after the appointment of a personal representative, the personal representative must mail or deliver the information specified in subsection (1) of this section and a copy of the death record of the decedent to the Department of Human Services and the Oregon Health Authority or as otherwise provided by rule adopted by the department and the authority. [1969 c.591 §94; 1973 c.506 §25; 1991 c.704 §3; 2001 c.620 §1; 2003 c.14 §44; 2003 c.395 §26; 2005 c.741 §5; 2007 c.284 §10; 2009 c.595 §78; 2011 c.720 §58; 2013 c.366 §59; 2017 c.169 §50]

Source: Section 113.145 — Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority, https://www.oregonlegislature.gov/bills_laws/ors/ors113.html.

Notes of Decisions

Where personal representative fails to provide notice to all beneficiaries of pending estate proceeding, this section does not deprive court of authority to rule on validity of will. Eddy v. Eddy, 95 Or App 733, 770 P2d 969 (1989), Sup Ct review denied

Where defendant personal representative did not send notice to Oregon Health Authority under ORS 115.003 and defendant knew within three months after defendant was appointed personal representative of estate that authority asserted claim against estate, notice sent under this section was insufficient. Oregon Health Authority v. Cue, 268 Or App 350, 342 P3d 98 (2014), Sup Ct review denied

Law Review Citations

26 WLR 277 (1990)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 113.145 Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority

(1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(2)

(3)

(4)

(5)

(a)

(b)

(c)

(6)

Notes of Decisions

Law Review Citations

ORS 113.145
Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority