ORS 113.105¹
Bond for personal representative

(1)(a) Except as provided in subsections (2) to (5) of this section, the personal representative may not act, and letters may not be issued to the personal representative, until the personal representative provides a bond to the clerk of the court in an amount set by the court. The bond must be for the security and benefit of all interested persons and must be conditioned upon the personal representative faithfully performing the duties of the position. The bond must be executed by a surety qualified under ORCP 82 D to G.

(b) The amount of the bond set by the court under this subsection must be adequate to protect interested persons. In setting the amount of the bond, the court shall consider:

(A) The nature, liquidity and apparent value of the assets of the estate.

(B) The anticipated income during administration.

(C) The probable indebtedness and taxes.

(2) Subsection (1) of this section does not apply if:

(a) The will provides that no bond is required, but the court may, for good cause, require a bond notwithstanding any provision in a will that no bond is required;

(b) The personal representative is the sole heir or devisee, but the court may, for good cause, require a bond notwithstanding the fact that the personal representative is the sole heir or devisee;

(c) The personal representative is the Department of State Lands, the Department of Veterans’ Affairs, the Director of Human Services, 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); or

(d) The petition for appointment of the personal representative states that no assets of the estate are known to the petitioner.

(3) If no bond was required under subsection (2)(d) of this section and assets of the estate later come into the possession or knowledge of the personal representative, the personal representative shall, within 30 days after filing the inventory or supplemental inventory first showing assets of the estate, file a motion to set or waive the bond as provided in this section.

(4) Upon a request by the personal representative, the court may waive the requirement of a bond if:

(a) The request states the reasons why the waiver is requested; and

(b) The request describes the known creditors of the estate.

(5) The court may waive or reduce the requirement of a bond to the extent that:

(a) The personal representative provides written confirmation from a financial institution that property of the estate is held by the financial institution subject to withdrawal only on order of the court; or

(b) The court restricts the sale, encumbrance or other disposition of property of the estate without prior court approval.

(6) Nothing in this section affects the provisions of ORS 709.240 (Oath and bond exemption for trust company appointed as fiduciary), relating to a trust company acting as personal representative. [1969 c.591 §90; 1971 c.421 §2; 1973 c.369 §1; 1973 c.797 §425; 1989 c.682 §1; 2001 c.900 §16; 2003 c.395 §13; 2005 c.625 §72; 2009 c.595 §77; 2009 c.828 §8; 2017 c.169 §15; 2019 c.414 §2]

Note: The amendments to 113.105 (Bond for personal representative) by section 35, chapter 678, Oregon Laws 2019, become operative July 1, 2021. See section 85, chapter 678, Oregon Laws 2019. The text that is operative on and after July 1, 2021, is set forth for the user’s convenience.

113.105 (Bond for personal representative). (1)(a) Except as provided in subsections (2) to (5) of this section, the personal representative may not act, and letters may not be issued to the personal representative, until the personal representative provides a bond to the clerk of the court in an amount set by the court. The bond must be for the security and benefit of all interested persons and must be conditioned upon the personal representative faithfully performing the duties of the position. The bond must be executed by a surety qualified under ORCP 82 D to G.

(b) The amount of the bond set by the court under this subsection must be adequate to protect interested persons. In setting the amount of the bond, the court shall consider:

(A) The nature, liquidity and apparent value of the assets of the estate.

(B) The anticipated income during administration.

(C) The probable indebtedness and taxes.

(2) Subsection (1) of this section does not apply if:

(a) The will provides that no bond is required, but the court may, for good cause, require a bond notwithstanding any provision in a will that no bond is required;

(b) The personal representative is the sole heir or devisee, but the court may, for good cause, require a bond notwithstanding the fact that the personal representative is the sole heir or devisee;

(c) The personal representative is the State Treasurer, the Department of Veterans’ Affairs, the Director of Human Services, the Director of the Oregon Health Authority or a person approved under ORS 113.085 (Preference in appointing personal representative) or 113.086 (Approval of attorneys who are eligible to be personal representative for decedent who received Medicaid or other public assistance); or

(d) The petition for appointment of the personal representative states that no assets of the estate are known to the petitioner.

(3) If no bond was required under subsection (2)(d) of this section and assets of the estate later come into the possession or knowledge of the personal representative, the personal representative shall, within 30 days after filing the inventory or supplemental inventory first showing assets of the estate, file a motion to set or waive the bond as provided in this section.

(4) Upon a request by the personal representative, the court may waive the requirement of a bond if:

(a) The request states the reasons why the waiver is requested; and

(b) The request describes the known creditors of the estate.

(5) The court may waive or reduce the requirement of a bond to the extent that:

(a) The personal representative provides written confirmation from a financial institution that property of the estate is held by the financial institution subject to withdrawal only on order of the court; or

(b) The court restricts the sale, encumbrance or other disposition of property of the estate without prior court approval.

(6) Nothing in this section affects the provisions of ORS 709.240 (Oath and bond exemption for trust company appointed as fiduciary), relating to a trust company acting as personal representative.

1 Legislative Counsel Committee, CHAPTER 113—Initiation of Estate Proceedings, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors113.­html (2019) (last ac­cessed May 16, 2020).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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. Currency Information