ORS 113.035
Petition for appointment of personal representative and probate of will


Any interested person or the person nominated as personal representative named in the will may petition for the appointment of a personal representative and for the probate of a will. The petition must include the following information, so far as known:

(1)

The name, age, domicile, post-office address and date and place of death of the decedent.

(2)

Whether the decedent died testate or intestate.

(3)

The facts relied upon to establish venue.

(4)

The name and post-office address of the person nominated as personal representative and the facts that show the person is qualified to act.

(5)

The names, relationship to the decedent and post-office addresses of persons who are or would be the heirs of the decedent upon the death of the decedent intestate, and the ages of any who are minors.

(6)

A statement that reasonable efforts have been made to identify and locate all heirs of the decedent. If the petitioner knows of any actual or possible omissions from the list of heirs, the petition must include a statement indicating that there are omissions from the information relating to heirs.

(7)

If the decedent died testate, the names and post-office addresses of the devisees, and the ages of any who are minors. If the will devises property to a person who did not survive the decedent or who is otherwise not entitled to receive the devise, the petition must include a statement explaining why the devise failed. If the petitioner knows of any actual or possible omissions from the list of devisees, the petition must include a statement indicating that there are omissions from the information relating to devisees.

(8)

The name and post-office address of any person asserting an interest in the estate, or on whose behalf an interest has been asserted, based on a contention that:

(a)

The will alleged in the petition to be the will of the decedent is ineffective in whole or part;

(b)

There exists a will that has not been alleged in the petition to be the will of the decedent; or

(c)

The decedent agreed, promised or represented that the decedent would make or revoke a will or devise, or not revoke a will or devise, or die intestate.

(9)

The name and post-office address of any person asserting an interest in the estate, or on whose behalf an interest has been asserted, based on a contention that a parent of the decedent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent, as provided by ORS 112.047 (Forfeiture of parent’s share by reason of termination of parental rights or desertion or neglect).

(10)

Whether the original of the last will of the decedent is in the possession of the court or accompanies the petition. If the original will is not in the possession of the court or accompanying the petition and an authenticated copy of the will probated in another jurisdiction does not accompany the petition, the petition shall also state the contents of the will and indicate that it is lost, destroyed or otherwise unavailable and that it was not revoked.

(11)

A statement of the extent and nature of assets of the estate, if any, to enable the court to set the amount of bond of the personal representative.

(12)

If the petition states that no assets of the estate are known to the petitioner under subsection (11) of this section and the petition is not filed under ORS 114.453 (Petition for appointment of personal representative), a statement of the purpose for filing the petition.

(13)

If the petition is filed under ORS 114.453 (Petition for appointment of personal representative), a statement that the petitioner is filing the petition for the sole purpose of pursuing a wrongful death claim, and the other information required under ORS 114.453 (Petition for appointment of personal representative). [1969 c.591 §83; 1973 c.506 §19; 1991 c.704 §1; 2003 c.395 §10; 2005 c.741 §4; 2017 c.169 §7; 2019 c.414 §§1,1a]

Source: Section 113.035 — Petition for appointment of personal representative and probate of will, https://www.­oregonlegislature.­gov/bills_laws/ors/ors113.­html.

Notes of Decisions

The admission of a subsequently filed will to probate in “common form” prior to the consideration of questions of testamentary capacity and undue influence raised by a previously appointed personal representative was not error. Schrei v. Frye, 25 Or App 191, 548 P2d 1001 (1976)

Even if personal representative is later appointed, this will not revive claims against estate within exclusive jurisdiction of small estate proceedings. Givan v. Dept. of Human Services, 289 Or App 125, 410 P3d 311 (2017)

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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