ORS 111.200
Applicability of Oregon Rules of Civil Procedure and Oregon Evidence Code
- contested issues in probate proceedings
(1)
As used in this section:(a)
“Probate proceeding” means a proceeding under ORS chapter 111, 112, 113, 114, 115, 116 or 117 for the administration of a decedent’s estate.(b)
“Probate proceeding” does not include:(A)
A proceeding for summary determination of a claim under ORS 115.145 (Procedure by claimant on disallowance of claim) (1)(b); or(B)
A declaratory judgment action under ORS chapter 28.(2)
Except as otherwise provided in ORS 111.205 (Commencement of probate proceeding), 111.218 (Proof of service), 112.588 (Protection of payors and other third parties), 113.005 (Special administrators), 113.105 (Bond for personal representative), 114.720 (Proceedings to claim elective share), 115.315 (Continuation of action without claim presentation), 116.083 (Accounting by personal representative) or 116.253 (Recovery of escheated property), the Oregon Rules of Civil Procedure and the Oregon Evidence Code do not apply to probate proceedings.(3)
Notwithstanding subsection (2) of this section:(a)
ORCP 12 applies to any probate proceeding.(b)
ORCP 9, 10 A, 16 B, 16 D, 17, 18, 19, 21, 22, 23, 25, 27, 29, 30, 31, 33, 34 A to F, 36 to 43, 44 A, B, D and E, 46, 47, 53, 55, 62, 64 A and C to G, 65, 67, 68, 71, 72 and 78 apply to a contested issue in a probate proceeding.(c)
The Oregon Evidence Code applies to a contested issue in a probate proceeding.(4)
For the purposes of applying the Oregon Rules of Civil Procedure to a contested issue in a probate proceeding:(a)
“Plaintiff” means any party asserting a claim for relief, whether by way of petition or motion; and(b)
“Defendant” means:(A)
Any party against whom the claim is asserted;(B)
Any party objecting to the petition or motion; or(C)
If the court issues a show cause order, the party subject to the order.(5)
Intentionally left blank —Ed.(a)
For the purposes of this section, an issue in a probate proceeding is contested if it is or arises from:(A)
A petition or motion for declaratory judgment, including a will contest;(B)
A petition to remove a court-appointed fiduciary;(C)
A petition or motion for affirmative relief of any sort against a person;(D)
A petition or motion to apportion the proceeds of a wrongful death settlement;(E)
If filed by a person other than the personal representative:(i)
A motion to increase the amount of the bond of the personal representative, or to require a new bond;(ii)
A petition to restrict the powers of the personal representative;(iii)
A petition to determine heirship;(iv)
A petition for instructions; or(v)
A petition to appoint a fiduciary other than the fiduciary nominated in the will admitted to probate;(F)
Any other petition or motion to which another person has filed an objection; or(G)
Any other petition, motion or show cause order determined by the court to be a contested issue in a probate proceeding.(b)
Notwithstanding paragraph (a) of this subsection, unless otherwise determined by the court, the following are not contested issues in probate proceedings:(A)
A petition for summary review of administration of a small estate under ORS 114.550 (Summary review of administration of estate);(B)
A petition or motion for summary determination of a claim as provided in ORS 114.542 (Summary determination) or 115.145 (Procedure by claimant on disallowance of claim) (1)(a); or(C)
An application for an order directing payment of a claim under ORS 115.185 (Creditor may obtain order for payment).(6)
Nothing in this section is intended to affect the burden of proof or standard of proof that is applied in probate proceedings. [2021 c.282 §2]
Source:
Section 111.200 — Applicability of Oregon Rules of Civil Procedure and Oregon Evidence Code; contested issues in probate proceedings, https://www.oregonlegislature.gov/bills_laws/ors/ors111.html.
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