2017 ORS 111.005¹
Definitions for probate law

As used in ORS chapters 111, 112, 113, 114, 115, 116 and 117, unless the context requires otherwise:

(1) “Abate” means to reduce a devise on account of the insufficiency of the estate to pay all claims, expenses and devises in full.

(2) “Action” includes suits and legal proceedings.

(3) “Administration” means any proceeding relating to the estate of a decedent, whether the decedent died testate, intestate or partially intestate.

(4) “Advancement” means a gift by a decedent to an heir or devisee with the intent that the gift satisfy in whole or in part the heir’s share of an intestate estate or the devisee’s share of a testate estate.

(5) “Assets” includes real, personal and intangible property.

(6) “Claim” includes liabilities of a decedent, whether arising in contract, in tort or otherwise.

(7) “Court” or “probate court” means the court in which jurisdiction of probate matters, causes and proceedings is vested as provided in ORS 111.075 (Probate jurisdiction vested).

(8) “Decedent” means a person who has died.

(9)(a) “Descendant” means a person who is descended from a specific ancestor and includes an adopted child and the adopted child’s descendants.

(b) When used to refer to persons who take by intestate succession, “descendant” does not include a person who is the descendant of a living descendant.

(10) “Devise,” when used as a noun, means property disposed of by a will.

(11) “Devise,” when used as a verb, means to dispose of property by a will.

(12) “Devisee” means a person designated in a will to receive a devise.

(13) “Distributee” means a person entitled to any property of a decedent under the will of the decedent or under intestate succession.

(14) “Domicile” means the place of abode of a person, where the person intends to remain and to which, if absent, the person intends to return.

(15)(a) “Estate” means the real and personal property of a decedent, as from time to time changed in form by sale, reinvestment, substitutions or otherwise, augmented by any accretions or additions or diminished by any decreases or distributions.

(b) “Estate” includes tangible and intangible personal property of a decedent domiciled in Oregon, wherever the property is situated.

(16) “Funeral” includes the burial or other disposition of the remains of a decedent, any plot or tomb and other necessary incidents to the disposition of the remains, any memorial ceremony or other observance and related expenses.

(17) “General devise” means a devise chargeable generally on the estate of a testator so that the devise is not distinguishable from other parts of the estate and does not constitute a specific devise.

(18) “Heir” means any person who is or would be entitled under intestate succession to property of a person upon that person’s death.

(19) “Interested person” includes heirs, devisees, children, spouses, creditors and any others having a property right or claim against the estate of a decedent that may be affected by the proceeding. “Interested person” also includes fiduciaries representing interested persons.

(20) “Intestate” means one who dies without leaving a valid will, or the circumstance of dying without leaving a valid will, effectively disposing of all the estate.

(21) “Intestate succession” means succession to property of a decedent who dies intestate or partially intestate.

(22) “Issue” means a descendant or descendants.

(23) “Net estate” means the real and personal property of a decedent, except property used for the support of the surviving spouse and children and for the payment of expenses of administration, funeral expenses, claims and taxes.

(24) “Net intestate estate” means any part of the net estate of a decedent not effectively disposed of by the will.

(25) “Personal property” includes all property other than real property.

(26) “Personal representative” includes executor, administrator, administrator with will annexed and administrator de bonis non, but does not include special administrator.

(27) “Property” includes both real and personal property.

(28) “Real property” includes all legal and equitable interests in land, in fee and for life.

(29) “Settlement” includes, as to the estate of a decedent, the full process of administration, distribution and closing.

(30) “Specific devise” means a devise of a specific thing or specified part of the estate of a testator that is so described as to be capable of identification. A specific devise is a gift of a part of the estate identified and differentiated from all other parts.

(31) “Will” includes codicil and also includes a testamentary instrument that merely appoints a personal representative or that merely revokes or revives another will. [1969 c.591 §1; 2015 c.387 §31; 2016 c.42 §1; 2017 c.169 §1]

Notes of Decisions

Creditor right to interest on outstanding debt of estate is not “claim” against decedent for probate purposes. Thomas v. Senior and Disabled Services Division, 319 Or 520, 878 P2d 1081 (1994)

Under subsec­tion (19) of this sec­tion, “interested per­son” requires that all per­sons listed, including heirs, have some prop­erty right or claim against estate that may be affected by pro­ceed­ing, including peti­tion to reopen estate for proper cause. Price v. Lotlikar, 285 Or App 692, 397 P3d 54 (2017)

Law Review Cita­tions

26 WLR 279 (1990)

1 Legislative Counsel Committee, CHAPTER 111—General Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors111.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 111, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano111.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.