ORS 114.355¹
Sale or encumbrance to personal representative voidable
  • exceptions

(1) Any sale or encumbrance to the personal representative, the spouse, agent or attorney of the personal representative, or any corporation or trust in which the personal representative has more than a one-third beneficial interest, is voidable unless:

(a) The transaction was consented to by all interested persons affected thereby; or

(b) The will expressly authorizes the transaction by the personal representative; or

(c) The transaction was made in compliance with another statute or with a contract or other instrument executed by the decedent.

(2) The title of a purchaser for value without notice of the circumstances of the transaction with the personal representative is not affected unless the purchaser should have known of the defect in the title of the seller. [1969 c.591 §132]

Notes of Decisions

Where ORS 30.070 (Settlement) grants per­sonal representative “full power” to settle wrongful death claim with approval of probate court and does not require notice to beneficiaries or grant them right to intervene in pro­ceed­ing to approve settle­ment but only to be heard as matter of right re­gard­ing alloca­tion of proceeds, if per­sonal representative breached fiduciary duty, beneficiaries have remedy under ORS 114.395 (Improper exercise of power) and 114.405 (Personal liability of personal representative). Hughes v. White, 41 Or App 439, 599 P2d 1147 (1979), aff’d 289 Or 13, 609 P2d 365 (1980)

1 Legislative Counsel Committee, CHAPTER 114—Administration of Estates Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors114.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 114, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano114.­html (2019) (last ac­cessed May 16, 2020).
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