Definitions for probate law
As used in ORS chapters 111, 112, 113, 114, 115, 116 and 117, unless the context requires otherwise:
(1) "Abate" means to reduce a devise on account of the insufficiency of the estate to pay all claims, expenses and devises in full.
(2) "Action" includes suits and legal proceedings.
(3) "Administration" means any proceeding relating to the estate of a decedent, whether the decedent died testate, intestate or partially intestate.
(4) "Advancement" means a gift by a decedent to an heir to enable the donee to anticipate the inheritance to the extent of the gift.
(5) "All purposes of intestate succession" means succession by, through or from a person, both lineal and collateral.
(6) "Assets" includes real, personal and intangible property.
(7) "Claim" includes liabilities of a decedent, whether arising in contract, in tort or otherwise.
(8) "Court" or "probate court" means the court in which jurisdiction of probate matters, causes and proceedings is vested as provided in ORS 111.075 (Probate jurisdiction vested).
(9) "Decedent" means a person who has died leaving property that is subject to administration.
(10) "Devise," when used as a noun, means property disposed of by a will, and includes "legacy" and "bequest."
(11) "Devise," when used as a verb, means to dispose of property by a will, and includes "bequeath."
(12) "Devisee" includes "legatee" and "beneficiary."
(13) "Distributee" means a person entitled to any property of a decedent under the will of the decedent or under intestate succession.
(14) "Domicile" means the place of abode of a person, where the person intends to remain and to which, if absent, the person intends to return.
(15) "Estate" means the real and personal property of a decedent, as from time to time changed in form by sale, reinvestment or otherwise, and augmented by any accretions or additions thereto and substitutions therefor or diminished by any decreases and distributions therefrom.
(16) "Funeral" includes burial or other disposition of the remains of a decedent, including the plot or tomb and other necessary incidents to the disposition of the remains.
(17) "General devise" means a devise chargeable generally on the estate of a testator and not distinguishable from other parts thereof or not so given as to amount to a specific devise.
(18) "Heir" means any person, including the surviving spouse, who is entitled under intestate succession to the property of a decedent who died wholly or partially intestate.
(19) "Interested person" includes heirs, devisees, children, spouses, creditors and any others having a property right or claim against the estate of a decedent that may be affected by the proceeding. It also includes fiduciaries representing interested persons.
(20) "Intestate" means one who dies without leaving a valid will, or the circumstance of dying without leaving a valid will, effectively disposing of all the estate.
(21) "Intestate succession" means succession to property of a decedent who dies intestate or partially intestate.
(22) "Issue" includes adopted children and their issue and, when used to refer to persons who take by intestate succession, includes all lineal descendants, except those who are the lineal descendants of living lineal descendants.
(23) "Net estate" means the real and personal property of a decedent, except property used for the support of the surviving spouse and children and for the payment of expenses of administration, funeral expenses, claims and taxes.
(24) "Net intestate estate" means any part of the net estate of a decedent not effectively disposed of by the will.
(25) "Personal property" includes all property other than real property.
(26) "Personal representative" includes executor, administrator, administrator with will annexed and administrator de bonis non, but does not include special administrator.
(27) "Property" includes both real and personal property.
(28) "Real property" includes all legal and equitable interests in land, in fee and for life.
(29) "Settlement" includes, as to the estate of a decedent, the full process of administration, distribution and closing.
(30) "Specific devise" means a devise of a specific thing or specified part of the estate of a testator that is so described as to be capable of identification. It is a gift of a part of the estate identified and differentiated from all other parts.
(31) "Will" includes codicil; it also includes a testamentary instrument that merely appoints an executor or that merely revokes or revives another will. [1969 c.591 §1]
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.