ORS 114.405¹
Personal liability of personal representative

(1) The personal liability of a personal representative to third parties, as distinguished from fiduciary accountability to the estate, arising from the administration of the estate is that of an agent for a disclosed principal.

(2) A personal representative is not personally liable on contracts properly entered into in the fiduciary capacity in the course of administration of the estate unless the personal representative expressly agrees to be personally liable.

(3) A personal representative is not personally liable for obligations arising from possession or control of property of the estate or for torts committed in the course of administration of the estate unless the personal representative is personally at fault.

(4) Claims based upon contracts, obligations and torts of the types described in subsections (2) and (3) of this section may be allowed against the estate whether or not the personal representative is personally liable therefor. [1969 c.591 §137]

Notes of Decisions

In absence of bad faith or fraud to deprive attorney of reasonable fees, this sec­tion did not imply duty on the part of per­sonal representative to ap­peal award of attorney fees which attorney for estate deemed inadequate. Smith v. U.S. Na­tional Bank, 47 Or App 967, 615 P2d 1119 (1980), Sup Ct review denied

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