ORS 111.205
Commencement of probate proceeding

  • pleadings and mode of procedure
  • jury trial

(1)

A probate proceeding is commenced by the filing of a petition in a court with jurisdiction over probate proceedings. Petitions to commence probate proceedings are authorized in ORS chapters 113 and 117.

(2)

No particular pleadings or forms of pleadings are required in the exercise of jurisdiction of probate courts. All petitions, inventories, reports and accountings in a probate proceeding must be in writing and include a declaration under penalty of perjury in the form required by ORCP 1 E. The declaration must be made by at least one of the persons making the pleading or by the attorney for the person, or in the case of a business entity by an authorized agent. A declarant who is physically outside the boundaries of the United States must make an unsworn declaration under ORS 194.800 (Short title) to 194.835 (Relation to Electronic Signatures in Global and National Commerce Act).

(3)

Actions in a probate proceeding are not triable by a jury except as otherwise provided by law. [1969 c.591 §12; 1979 c.284 §104; 2007 c.284 §1; 2013 c.218 §13; 2017 c.169 §45; 2021 c.282 §9]

Source: Section 111.205 — Commencement of probate proceeding; pleadings and mode of procedure; jury trial, https://www.­oregonlegislature.­gov/bills_laws/ors/ors111.­html.

Notes of Decisions

Party in interest was not estopped to intervene by his failure to intervene until after adverse determination of proceeding. Helgesson v. Estate of Frank, 17 Or App 133, 521 P2d 16 (1974), Sup Ct review denied

Contract purchaser of estate’s real property was a party in interest entitled to intervene in personal representative’s proceeding seeking court approval of his contract. Helgesson v. Estate of Frank, 17 Or App 133, 521 P2d 16 (1974), Sup Ct review denied

Green check means up to date. Up to date

Current through early 2024

§ 111.205’s source at oregon​.gov