2017 ORS 116.113¹
Judgment of final distribution

(1) If no objections to the final account and petition for distribution are filed, or if objections are filed, upon the hearing or upon the filing of a statement in lieu of the final account under ORS 116.083 (Accounting by personal representative) (4), the court shall enter a general judgment of final distribution. In the judgment the court shall designate the persons in whom title to the estate available for distribution is vested and the portion of the estate or property to which each is entitled under the will, by agreement approved by the court or pursuant to intestate succession. The judgment shall also contain any findings of the court in respect to:

(a) Advancements.

(b) Election against will by the surviving spouse.

(c) Renunciation.

(d) Lapse.

(e) Adjudicated controversies.

(f) Partial distribution, which shall be confirmed or modified.

(g) Retainer.

(h) Claims for which a special fund is set aside, and the amount set aside.

(i) Contingent claims that have been allowed and are still unpaid.

(j) Any reserve requested under ORS 116.083 (Accounting by personal representative).

(k) Attorney fees.

(L) Approval of the final account or the statement filed in lieu of the final account under ORS 116.083 (Accounting by personal representative) (4) in whole or in part.

(2) If, by agreement approved by the court, property is distributed to persons in whom title is vested by the judgment of final distribution otherwise than as provided by the will or pursuant to intestate succession, the judgment operates as a transfer of the property between those persons.

(3) The judgment of final distribution is a conclusive determination of the persons who are the successors in interest to the estate and of the extent and character of their interest, subject only to the right of appeal and the power of the court to vacate the judgment. [1969 c.591 §178; 1987 c.646 §2; 1989 c.921 §1; 1995 c.453 §3; 1999 c.59 §26; 2003 c.576 §377; 2005 c.568 §34; 2017 c.169 §35]

Notes of Decisions

Parti­tion of prop­erty by circuit court pursuant to request of heirs does not constitute agree­ment of heirs binding probate court as to distribu­tion of prop­erty. Veberes v. Phillips, 23 Or App 363, 542 P2d 928 (1975), Sup Ct review denied

Trial court should have treated mo­tion to amend decree of final distribu­tion of estate as mo­tion to vacate and exercised its discre­tion as re­quired by [former] ORS 18.060. Leppanen v. Barber, 29 Or App 561, 564 P2d 740 (1977)

Where decree of final distribu­tion di­rected per­sonal representatives to distribute entire bequest to beneficiary, settle­ment agree­ment could not alter require­ments of decree and evidence of agree­ment was irrelevant. Bryan v. Eastside Free Methodist Church, 99 Or App 698, 784 P2d 109 (1989)

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.