2017 ORS 12.190¹
Effect of death on limitations

(1) If a person entitled to bring an action dies before the expiration of the time limited for its commencement, an action may be commenced by the personal representative of the person after the expiration of that time, and within one year after the death of the person.

(2) If a person against whom an action may be brought dies before the expiration of the time limited for its commencement, an action may be commenced against the personal representative of the person after the expiration of that time, and within one year after the death of the person. [Amended by 1969 c.591 §268]

Notes of Decisions

Sixty-day service period following filing date can extend “time limited for commence­ment” of ac­tion beyond statute of limita­tions period. Mitchell v. Harris, 123 Or App 424, 859 P2d 1196 (1993)

Where small estate was distributed to claiming successor without appoint­ment of per­sonal representative, service on claiming successor could not substitute for service on per­sonal representative. Wheeler v. Williams, 136 Or App 1, 900 P2d 1076 (1995), Sup Ct review denied

Where per­son dies while having right to bring ac­tion for per­sonal injury, time limit for per­sonal representative to bring per­sonal injury suit on behalf of estate is governed by ORS 30.075 (Procedure upon death of injured person) instead of this sec­tion. Giulietti v. Oncology Associates of Oregon, 178 Or App 260, 36 P3d 510 (2001)

Chapter 12

Notes of Decisions

An ac­tion for per­sonal injuries caused by breach of implied warranty is clearly one for which “different limita­tion is prescribed by statute” under ORS 12.010 (Time of commencing actions) and thus is not governed by pro­vi­sions of this chapter. Redfield v. Mead, Johnson & Co., 266 Or 273, 512 P2d 776 (1973)

1 Legislative Counsel Committee, CHAPTER 12—Limitations of Actions and Suits, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors012.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 12, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano012.­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.