ORS 113.005
Special administrators


(1)

If, prior to appointment and qualification of a personal representative, property of a decedent is in danger of loss, injury or deterioration, or disposition of the remains of a decedent is required, the court may appoint a special administrator to take charge of the property or the remains. The petition for appointment must state the reasons for special administration and specify the property, so far as known, requiring administration, and the danger to which it is subject.

(2)

Intentionally left blank —Ed.

(a)

Except as provided in ORS 113.007 (Exceptions to bond requirement for special administrator), the special administrator may not act, and letters may not be issued to the special administrator, until the special administrator provides a bond to the clerk of the court. The bond must be for the security and benefit of all interested persons and must be conditioned upon the special administrator faithfully performing the duties of the position. The bond must be executed by a surety qualified under ORCP 82 D to G.

(b)

The amount of the bond set by the court under this subsection must be adequate to protect interested persons. In setting the amount of the bond, the court shall consider:

(A)

The nature, liquidity and apparent value of the property subject to administration.

(B)

The anticipated income during administration.

(C)

The probable indebtedness and taxes.

(3)

The court may authorize the special administrator to:

(a)

Arrange for and incur expenses for the funeral of the decedent;

(b)

Incur expenses for the protection of property of the estate; and

(c)

Administer property of the estate.

(4)

The special administrator may not approve or reject claims of creditors or pay claims or expenses of administration or take possession of assets of the estate other than those in danger of loss, injury or deterioration pending the appointment of a personal representative.

(5)

Upon the appointment and qualification of a personal representative the powers of the special administrator cease. Within 30 days after the issuance of letters testamentary or letters of administration to a personal representative, the special administrator shall make and file an account and deliver to the personal representative the assets of the estate in the possession of the special administrator. If the personal representative objects to the account of the special administrator, the court shall hear the objections, and, whether or not objections are made, shall examine the account.

(6)

To the extent approved by the court, the compensation of the special administrator and expenses properly incurred by the special administrator, including a reasonable fee of the attorney of the special administrator, shall be paid as expenses of administration. [1969 c.591 §80; 1999 c.592 §1; 2016 c.42 §20; 2017 c.169 §4]

Source: Section 113.005 — Special administrators, https://www.­oregonlegislature.­gov/bills_laws/ors/ors113.­html.

113.005
Special administrators
113.007
Exceptions to bond requirement for special administrator
113.015
Venue
113.025
Proceedings commenced in more than one county
113.027
Limitation on admission of will to probate
113.035
Petition for appointment of personal representative and probate of will
113.038
Request for different method of compensation of personal representative
113.045
Information of escheat to State Treasurer
113.055
Testimony of attesting witnesses to will
113.065
Establishing foreign wills
113.075
Will contest
113.085
Preference in appointing personal representative
113.086
Approval of attorneys who are eligible to be personal representative for decedent who received Medicaid or other public assistance
113.087
Effect of accepting appointment as personal representative
113.092
Convicted felon as nominated personal representative
113.095
Persons not qualified to act as personal representatives
113.105
Bond for personal representative
113.115
Increasing, reducing or requiring new bond
113.125
Letters testamentary or of administration
113.135
Designation of attorney to be filed
113.145
Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority
113.155
Publication of notice to interested persons
113.165
Filing inventory and evaluation
113.175
Property discovered after inventory filed
113.185
Appraisal
113.195
Removal of personal representative
113.205
Powers of surviving personal representative
113.215
Appointment of successor personal representative
113.225
Notice to interested persons by successor personal representative
113.235
Appointment of estate administrators by State Treasurer
113.238
Requirements and prohibitions related to certain decedents who die intestate and without heirs
113.242
Authority of estate administrator
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