2017 ORS 111.095¹
Powers of probate court

(1) The general legal and equitable powers of a circuit court apply to a probate court.

(2) The same validity, finality and presumption of regularity shall be accorded to the determinations, orders and judgments of a probate court as to those of a circuit court.

(3) A probate court has full, legal and equitable powers to make declaratory judgments, as provided in ORS 28.010 (Power of courts) to 28.160 (Short title), in all matters involved in the administration of an estate, including matters pertaining to the title of real property and ownership of personal property, the determination of heirship and the distribution of the estate. [1969 c.591 §6; 1979 c.284 §102; 2016 c.42 §13]

Notes of Decisions

Under this sec­tion, together with ORS 28.040 (Declaratory judgments on trusts or estates) and 28.110 (Parties), per­son seeking determina­tion of heirship may request declaratory relief in pro­ceed­ing to which all per­sons who have or claim any interest must be made parties. Decker v. Wiman, 288 Or 687, 607 P2d 1370 (1980)

Probate court has authority to enter per­sonal judg­ment against per­sonal representative for willful or neg­li­gent miscon­duct in ad­min­is­tra­­tion of fiduciary duties. Estate of Leda Mae Grove v. Selken, 109 Or App 668, 820 P2d 895 (1991), Sup Ct review denied

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.