ORS 116.093
Notice for filing objections to final account and petition for distribution

  • rules

(1)

Upon filing the final account and petition for a judgment of distribution, the personal representative shall set a time for filing objections to the account and petition. Not less than 20 days before the time set, the personal representative shall mail a copy of the final account and petition for judgment and notice of the time set for objections to:

(a)

Each distributee at the last-known address of the distributee.

(b)

Each creditor who has not received payment in full and whose claim has not otherwise been barred.

(2)

If a charitable trust as described in ORS 130.170 (UTC 405. Charitable trusts), a public benefit corporation as defined in ORS 65.001 (Definitions) or a religious organization is a residuary beneficiary of the estate, or if a charitable trust, a public benefit corporation or a religious organization will receive less under the judgment than the amount of a specific devise to the trust, corporation or organization, the personal representative shall mail the notice under subsection (1) of this section to the Attorney General.

(3)

The notice need not be mailed to the personal representative.

(4)

Proof of the mailing to those persons entitled to notice shall be filed in the estate proceeding at or before approval of the final account.

(5)

If the Department of Human Services has presented a claim under ORS chapter 411 or ORS 416.310 (Estate of deceased person liable for aid received) to 416.340 (Collection of claim against estate of deceased), 416.350 (Recovery of medical assistance) or 417.010 (“Juvenile” defined for ORS 417.010 to 417.080) to 417.080 (Enforcement of compact), or the Oregon Health Authority has presented a claim under ORS chapter 414 or ORS 416.310 (Estate of deceased person liable for aid received) to 416.340 (Collection of claim against estate of deceased), 416.350 (Recovery of medical assistance) or 416.510 (Definitions for ORS 416.510 to 416.610) to 416.990 (Penalties), or the Department of Corrections has presented a claim under ORS 179.620 (Liability of person or estate for cost of care) (3), and the claim has not been settled or paid in full, the personal representative shall mail to the appropriate agency a copy of the final account at the same time, and shall make proof of the mailing in the same manner, as the notice provided for in this section.

(6)

The Oregon Health Authority may adopt rules designating the Department of Human Services as the appropriate department to receive the final account for claims presented by the authority under subsection (5) of this section. [1969 c.591 §176; 1969 c.597 §280; 1989 c.348 §14; 2001 c.487 §14; 2001 c.900 §20a; 2003 c.576 §376; 2005 c.381 §21; 2007 c.284 §13; 2009 c.595 §82; 2011 c.720 §62; 2017 c.169 §34]

Source: Section 116.093 — Notice for filing objections to final account and petition for distribution; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors116.­html.

Notes of Decisions

On remand where estate’s personal representative knew or should have known of plaintiff’s unbarred tort claim against estate, representative was under duty to send notice of closing to plaintiff. Waybrant v. Bernstein, 75 Or App 550, 706 P2d 1002 (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 apply. First Interstate Bank v. Haynes, 87 Or App 700, 743 P2d 1139 (1987)

116.007
Allocation of income 116.013
Petition and order for partial distribution 116.023
Bond or other security 116.033
Discharge of personal representative 116.043
Petition and order for refund by distributee 116.063
Liability of personal representative 116.073
Nonliability of personal representative 116.083
Accounting by personal representative 116.093
Notice for filing objections to final account and petition for distribution 116.103
Objections to final account and petition 116.113
Judgment of final distribution 116.123
Effect of approval of final account 116.133
Distribution 116.143
Interest on pecuniary devises 116.153
Right of offset and retainer 116.163
Distribution to foreign personal representative 116.173
Compensation of personal representative 116.183
Expenses of personal representative 116.193
Order of escheat 116.203
Disposition of unclaimed assets 116.208
Motion to close estate with no known assets 116.213
Discharge of personal representative 116.223
Recording of deed from personal representative 116.233
Reopening estate of decedent 116.243
Reports by court clerks, county clerks or court administrators to State Treasurer 116.253
Recovery of escheated property 116.263
Payment of debt and delivery of property to foreign personal representative without local administration 116.303
Definitions for ORS 116.303 to 116.383 116.313
Apportionment among interested persons 116.323
Apportionment proceedings 116.333
Withholding of tax 116.343
Allowances for exemptions, deductions and credits 116.353
Income interests 116.363
Proceedings for recovery of tax 116.373
Foreign personal representatives and estates 116.383
Construction
Green check means up to date. Up to date

Current through early 2024

§ 116.093’s source at oregon​.gov