ORS 116.093¹
Notice for filing objections to final account and petition for distribution

(1) Upon filing the final account and petition for a judgment of distribution, the personal representative shall fix a time for filing objections thereto in a notice thereof. Not less than 20 days before the time fixed in the notice, the personal representative shall cause a copy of the notice to be mailed to:

(a) Each heir at the last-known address of the heir, if the decedent died intestate.

(b) Each devisee at the last-known address of the devisee, if the decedent died testate.

(c) Each creditor who has not received payment in full and whose claim has not otherwise been barred.

(d) Any other person known to the personal representative to have or to claim an interest in the estate being distributed.

(2) The notice need not be mailed to the personal representative.

(3) Proof of the mailing to those persons entitled to notice shall be filed in the estate proceeding at or before approval of the final account.

(4) If the Department of Human Services has presented a claim under ORS chapter 411 or 414 or ORS 416.310 (Estate of deceased person liable for aid received) to 416.340 (Collection of claim against estate of deceased), 416.510 (Definitions for ORS 416.510 to 416.610) to 416.990 (Penalties) or 417.010 ("Juvenile" defined for ORS 417.010 to 417.080) to 417.080 (Enforcement of compact), or the Department of Corrections or the authorized agent of the Department of Corrections has presented a claim under ORS 179.620 (Liability of person or estate for cost of care) (3), and the claim has not been settled or paid in full, the personal representative shall mail to the appropriate department a copy of the final account at the same time, and shall make proof of the mailing in the same manner, as the notice provided for in this section. [1969 c.591 §176; 1969 c.597 §280; 1989 c.348 §14; 2001 c.487 §14; 2001 c.900 §20a; 2003 c.576 §376; 2005 c.381 §21; 2007 c.284 §13]

Note: Section 15, chapter 284, Oregon Laws 2007, provides:

Sec. 15. Section 7 of this 2007 Act [111.218 (Proof of mailing or other delivery)] and the amendments to ORS 111.215 (Notice), 113.045 (Information of escheat to Department of State Lands), 113.145 (Information to devisees, heirs, interested persons and Department of Human Services), 113.155 (Publication of notice to interested persons), 115.003 (Personal representative to make diligent search for claimants), 116.093 (Notice for filing objections to final account and petition for distribution) and 117.015 (Setting date of hearing on petition) by sections 8 to 14 of this 2007 Act apply only to proofs filed in probate court on or after the effective date of this 2007 Act [January 1, 2008]. [2007 c.284 §15]

Notes of Decisions

On remand where estate's per­sonal representative knew or should have known of plaintiff's unbarred tort claim against estate, representative was under duty to send notice of closing to plaintiff. Waybrant v. Bernstein, 75 Or App 550, 706 P2d 1002 (1985)

Order granting mo­tion to strike peti­tion by bank to reopen estate was ap­pealable order and res judicata bars sec­ond ac­tion by bank against residuary legatee of estate where legatee was re-named per­sonal representative in sec­ond suit and other principles of res judicata apply. First Interstate Bank v. Haynes, 87 Or App 700, 743 P2d 1139 (1987)

1 Legislative Counsel Committee, CHAPTER 116—Accounting, Distribution and Closing, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors116.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 116, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­116ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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. Currency Information