2017 ORS 113.075¹
Will contest

(1) Any interested person may contest the probate of the will or the validity of the will or assert an interest in the estate for the reason that:

(a) The will alleged in the petition for probate to be the will of the decedent is ineffective in whole or part;

(b) There exists a will that has not been alleged in the petition to be the will of the decedent; or

(c) The decedent agreed, promised or represented that the decedent would make or revoke a will or devise, or not revoke a will or devise, or die intestate.

(2) An action described in subsection (1) of this section must be commenced by the filing of a petition in the probate proceedings, except that an action described in subsection (1)(c) of this section may be commenced by the filing of a separate action in any court of competent jurisdiction.

(3) An action described in subsection (1) of this section must be commenced before the later of:

(a) Four months after the date of delivery or mailing of the information described in ORS 113.145 (Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority) if that information was required to be delivered or mailed to the person on whose behalf the action under subsection (1) of this section is filed; or

(b) Four months after the first publication of notice to interested persons if the person on whose behalf the action under subsection (1) of this section is filed was not required to be named in the petition for probate as an interested person.

(4)(a) A person who commences an action under subsection (1) of this section shall give notice of the action to heirs and devisees identified in the petition for probate or amended petition for probate, and to the Department of State Lands if the personal representative has delivered or mailed information to the department under ORS 113.045 (Information of escheat to Department of State Lands).

(b) If any devisee under the contested will is a charitable trust as described in ORS 130.170 (UTC 405. Charitable trusts), a public benefit corporation as defined in ORS 65.001 (Definitions) or a religious organization, a person who commences an action under subsection (1) of this section shall give notice to the Attorney General of the action.

(5) A cause of action described in subsection (1)(c) of this section may not be presented as a claim under ORS chapter 115. [1969 c.591 §87; 1973 c.506 §23; 1991 c.704 §2; 2017 c.169 §12]

Notes of Decisions

An ac­tion seeking to invalidate a por­tion of a will because of a restric­tion on charitable gifts is not governed by this sec­tion’s limita­tion period. Buresh v. First Nat. Bank, 10 Or App 463, 500 P2d 1063 (1972)

When will was offered for probate in solemn form and contestant was party to that pro­ceed­ing, this sec­tion did not allow relitiga­tion of issues which were determined in first pro­ceed­ing. McGilvray v. Martin, 49 Or App 5, 618 P2d 1287 (1980)

Party may not avoid statutory four-month limita­tion for will contest by designating ac­tion as one on claim or for declaratory judg­ment based on purported invalidity of will. Martin v. Kenworthy, 92 Or App 697, 759 P2d 335 (1988)

1 Legislative Counsel Committee, CHAPTER 113—Initiation of Estate Proceedings, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors113.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 113, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano113.­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.