2017 ORS 116.093¹
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]

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)

1 Legislative Counsel Committee, CHAPTER 116—Accounting, Distribution and Closing, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors116.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 116, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano116.­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.