ORS 116.213
Discharge of personal representative


Upon the filing of receipts or other evidence satisfactory to the court that distribution has been made as ordered in the general judgment, the court shall enter a supplemental judgment of discharge. Except as provided in ORS 115.004 (Recovery for failure to make search or give notice), the discharge so entered operates as a release of the personal representative from further duties and as a bar to any action against the personal representative and the surety of the personal representative. The court may, in its discretion and upon such terms as may be just, within one year after entry of the supplemental judgment of discharge, permit an action to be brought against the personal representative and the surety of the personal representative if the supplemental judgment of discharge was taken through fraud or misrepresentation of the personal representative or the surety of the personal representative or through the mistake, inadvertence, surprise or excusable neglect of the claimant. [1969 c.591 §188; 1989 c.229 §9; 2003 c.576 §379]

Source: Section 116.213 — Discharge of personal representative, https://www.­oregonlegislature.­gov/bills_laws/ors/ors116.­html.

Law Review Citations

26 WLR 281, 285 (1990)

116.007
Allocation of income
116.013
Petition and order for partial distribution
116.023
Bond or other security
116.033
Discharge of personal representative
116.043
Petition and order for refund by distributee
116.063
Liability of personal representative
116.073
Nonliability of personal representative
116.083
Accounting by personal representative
116.093
Notice for filing objections to final account and petition for distribution
116.103
Objections to final account and petition
116.113
Judgment of final distribution
116.123
Effect of approval of final account
116.133
Distribution
116.143
Interest on pecuniary devises
116.153
Right of offset and retainer
116.163
Distribution to foreign personal representative
116.173
Compensation of personal representative
116.183
Expenses of personal representative
116.193
Order of escheat
116.203
Disposition of unclaimed assets
116.208
Motion to close estate with no known assets
116.213
Discharge of personal representative
116.223
Recording of deed from personal representative
116.233
Reopening estate of decedent
116.243
Reports by court clerks, county clerks or court administrators to State Treasurer
116.253
Recovery of escheated property
116.263
Payment of debt and delivery of property to foreign personal representative without local administration
116.303
Definitions for ORS 116.303 to 116.383
116.313
Apportionment among interested persons
116.323
Apportionment proceedings
116.333
Withholding of tax
116.343
Allowances for exemptions, deductions and credits
116.353
Income interests
116.363
Proceedings for recovery of tax
116.373
Foreign personal representatives and estates
116.383
Construction
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