2017 ORS 115.145¹
Procedure by claimant on disallowance of claim

(1) If the personal representative disallows a claim in whole or in part, the claimant, within 30 days after the date of mailing or delivery of the notice of disallowance, may either:

(a) File with the court in the estate proceeding a request for summary determination of the claim by the probate court, with proof of service of a copy of the request upon the personal representative or the attorney of the personal representative; or

(b) Commence a separate action against the personal representative on the claim in any court of competent jurisdiction. The action shall proceed and be tried as any other action.

(2) If the claimant fails to either request a summary determination or commence a separate action as provided in subsection (1) of this section, the claim, to the extent disallowed by the personal representative, is barred.

(3) In a proceeding for summary determination of a claim or in a separate action on a claim the claim shall be allowed or judgment entered on the claim in the full amount of the liability, if any, of the decedent to the claimant. However, the claim shall be paid only to the extent of the assets of the estate allocable to the payment of the claim pursuant to ORS 115.115 (Payment of claims) and 115.125 (Order of payment of expenses and claims). [1969 c.591 §154; 1989 c.229 §7; 2017 c.169 §32]

Notes of Decisions

Ac­tion against residuary legatee of estate for restitu­tion of amount paid by plaintiff on obliga­tion owed by estate was properly dismissed where plaintiff failed to exercise statutory rights against estate. First Interstate Bank v. Haynes, 73 Or App 714, 699 P2d 1168 (1985), Sup Ct review denied, on reconsidera­tion 75 Or App 18, 704 P2d 1165 (1985)

Order granting mo­tion to strike peti­tion by bank to reopen estate was ap­pealable order and res judicata bars sec­ond ac­tion by bank against residuary legatee of estate where legatee was re-named per­sonal representative in sec­ond suit and other principles of res judicata applied. First Interstate Bank v. Haynes, 87 Or App 700, 743 P2d 1139 (1987)

Procedural mechanism for filing request for summary determina­tion or commencing ac­tion against estate does not create new rights, therefore time limita­tion does not apply to govern­ment entities. Depart­ment of Human Resources v. Payne, 157 Or App 612, 970 P2d 266 (1998)

When read with ORS 115.165 (Summary determination procedure), per­sonal representative of decedent may not assert counterclaim in summary determina­tion pro­ceed­ing. Flaig v. Emert, 260 Or App 652, 320 P3d 586 (2014)

Law Review Cita­tions

26 WLR 284 (1990)

1 Legislative Counsel Committee, CHAPTER 115—Claims; Actions and Suits, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors115.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 115, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano115.­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.