OAR 141-035-0040
Administration of the Estate
(1)
If the value of the estate does not exceed the amounts stated in ORS 114.515 (Small estate affidavit) for a Small Estates Affidavit, the Department as a claiming successor of the decedent may file an affidavit for a proceeding with the appropriate court as described in ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy). If the value of the estate exceeds the limits authorized under the procedure for a Small Estate, the Estate Administrator shall file a petition with the appropriate court to be appointed personal representative and administer the estate according to ORS 111.005 (Definitions for probate law) through 117.095 (Costs, expenses and charges).(2)
The Estate Administrator may pay funeral and cemetery costs as soon as the Estate Administrator determines that enough funds will remain to pay administrative costs.(3)
A formal claim against the estate may be allowed, contingent on the validity of the claim. If it appears there are insufficient funds to pay all claims in full, the Estate Administrator shall follow the order of payment of expenses and claims as set forth in ORS 115.125 (Order of payment of expenses and claims).
Source:
Rule 141-035-0040 — Administration of the Estate, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-035-0040.