ORS 111.095
Powers of probate court

(1)

A probate court has the general legal and equitable powers of a circuit court.

(2)

The determinations, orders and judgments of a probate court have the same validity, finality and presumption of regularity as those of a circuit court.

(3)

A probate court has full, legal and equitable powers to make declaratory judgments, as provided in ORS 28.010 (Power of courts) to 28.160 (Short title), in all matters involved in the administration of an estate, including matters pertaining to the title of real property and ownership of personal property, the determination of heirship and the distribution of the estate.

(4)

A court having jurisdiction over a probate proceeding may:

(a)

Compel the attendance of, or require the response to inquiries by and production of documents subject to discovery under ORCP 36 from, any person, including a beneficiary, creditor, fiduciary or any other person who may have knowledge about the decedent’s taxes, financial affairs or property.

(b)

Exercise jurisdiction over any transaction entered into by a fiduciary to determine if a conflict of interest existed and enter an appropriate order or judgment with respect to the transaction.

(c)

Surcharge a fiduciary and any surety for any loss caused by failure of a fiduciary to perform a fiduciary duty or any other duty imposed by ORS chapter 111, 112, 113, 114, 115, 116 or 117.

(d)

Determine ownership of title for real or personal property.

(e)

Subject to ORS chapter 90, require delivery of possession of property of the decedent, including records, accounts and documents relating to that property.

(f)

Require the fiduciary to produce any and all records that might provide information about the condition of the estate’s property.

(g)

Remove a fiduciary whenever that removal is in the best interests of the interested persons of an estate.

(h)

Appoint a successor fiduciary when a fiduciary has died, resigned or been removed.

(i)

Impose any conditions and limitations upon the fiduciary that the court considers appropriate, including limitations on the duration of the appointment.

(j)

Without hearing or upon such hearing as the court may prescribe, rule on any matter concerning the administration, settlement or distribution of the estate, including the fiduciary’s authority, the court’s approval of the fiduciary’s actions or the court’s instructions to the fiduciary. [1969 c.591 §6; 1979 c.284 §102; 2016 c.42 §13; 2021 c.282 §6]

Source: Section 111.095 — Powers of probate court, https://www.­oregonlegislature.­gov/bills_laws/ors/ors111.­html.

Notes of Decisions

Under this section, together with [former] ORS 28.040 and ORS 28.110, person seeking determination of heirship may request declaratory relief in proceeding to which all persons who have or claim any interest must be made parties. Decker v. Wiman, 288 Or 687, 607 P2d 1370 (1980)

Probate court has authority to enter personal judgment against personal representative for willful or negligent misconduct in administration of fiduciary duties. Estate of Leda Mae Grove v. Selken, 109 Or App 668, 820 P2d 895 (1991), Sup Ct review denied

Green check means up to date. Up to date

Current through early 2024

§ 111.095’s source at oregon​.gov