ORS 116.113
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) (5), 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) (5) 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; 2019 c.414 §11]

Source: Section 116.113 — Judgment of final distribution, https://www.­oregonlegislature.­gov/bills_laws/ors/ors116.­html.

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)

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

§ 116.113’s source at oregon​.gov