2017 ORS 115.165¹
Summary determination procedure

In a proceeding for summary determination by the probate court of a claim disallowed in whole or in part by the personal representative:

(1) The personal representative shall move or plead to the claim as though the claim were a complaint filed in an action.

(2) The court shall hear the matter without a jury, after notice to the claimant and personal representative. Upon the hearing the court shall determine the claim in a summary manner and shall make an order allowing or disallowing the claim in whole or in part.

(3) No appeal may be taken from the order of the court made upon the summary determination. [1969 c.591 §156]

Notes of Decisions

When read with ORS 115.145 (Procedure by claimant on disallowance of claim), per­sonal representative of decedent may not assert counterclaim in summary determina­tion pro­ceed­ing. Flaig v. Emert, 260 Or App 652, 320 P3d 586 (2014)

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.