ORS 111.215
Notice
- method and time of giving
- computation of time
(1)
Intentionally left blank —Ed.(a)
A notice required under ORS chapter 111, 112, 113, 114, 115, 116 or 117 must contain the following:(A)
The name, address and telephone number of the person giving the notice and the nature of that person’s interest in the estate;(B)
A statement where objections may be filed and the deadline for filing those objections, if any; and(C)
A statement that the objection must include a plain and concise statement of the basis for the objection.(b)
The notice must be accompanied by copies of any relevant documents filed or to be filed with the court.(2)
Intentionally left blank —Ed.(a)
Except as otherwise specifically provided in ORS chapter 111, 112, 113, 114, 115, 116 or 117, whenever notice is required in ORS chapter 111, 112, 113, 114, 115, 116 or 117, the petitioner or other person filing the document shall cause notice to be given to the personal representative, to each interested person whose interests may be affected by the substance of the document or the grant or denial of the requested action or relief.(b)
If the person giving notice under this section knows that a person who is entitled to notice under paragraph (a) of this subsection is represented by a fiduciary, the notice must also be given to the person’s fiduciary.(c)
If a person who is entitled to notice under paragraph (a) of this subsection is a minor, as that term is defined in ORS 125.005 (Definitions), the notice must be given to the minor’s parents and, if the minor is 14 years of age or older, to the minor.(d)
As used in this subsection, “parent” means a parent as defined in ORS 419A.004 (Definitions) whose rights have not been terminated or whose rights were terminated but reinstated under ORS 419B.532 (Reinstatement of parental rights).(3)
Except as otherwise specifically provided in ORS chapter 111, 112, 113, 114, 115, 116 or 117, a notice described in subsection (1) or (2) of this section must be given in one or more of the following ways:(a)
By first class mail to the person’s place of residence or business.(b)
By personal delivery at the person’s place of residence or business.(c)
If the person consents in writing to electronic notice, or if the notice is being given to the Department of Human Services or the Oregon Health Authority and the department or authority has adopted rules allowing for the department or authority to accept electronic notice, by properly directed electronic mail.(d)
If the person has appeared by attorney or has requested that notice be sent to the person’s attorney, by mailing or delivery to the person’s attorney. If notice is given to a person’s attorney consistent with this paragraph, the person giving notice is not required to also send notice to the person.(e)
If the place of residence or business of any person is not known or cannot be ascertained with reasonable diligence, by publishing a copy of the notice once in each of three consecutive weeks in a newspaper of general circulation in the county where the probate court sits.(f)
Upon good cause shown any other method determined by the court to be reasonably suitable under the circumstances and likely to result in receipt of the notice, including notice by electronic mail irrespective of whether the person has consented to electronic service.(4)
Intentionally left blank —Ed.(a)
Except as otherwise ordered by the court or specifically provided in ORS chapter 111, 112, 113, 114, 115, 116 or 117, the notice described in subsection (1) of this section must be given no later than 15 days before the earlier of the date for filing objections to the petition or other pleading or the date set for the hearing.(b)
If a notice of time for filing objections or of the date set for a hearing is published as provided in subsection (3)(e) of this section, the last date of publication of the notice shall be at least 15 days before the earlier of the date for the filing of objections to the petition or motion or the date set for the hearing.(5)
Proof of the giving of notice described in subsection (1) of this section must be made at or before the hearing, if any, and filed in the proceeding.(6)
The time within which an act is to be done under ORS chapter 111, 112, 113, 114, 115, 116 or 117 is determined under ORS 174.120 (Computation of time) and 174.125 (Computation of time period for personal service). [1969 c.591 §13; 2007 c.284 §8; 2017 c.169 §3; 2021 c.282 §10]
Source:
Section 111.215 — Notice; method and time of giving; computation of time, https://www.oregonlegislature.gov/bills_laws/ors/ors111.html.
Notes of Decisions
General notice by publication provision of Oregon Probate Code does not apply to declaratory judgment proceedings to determine heirship. Decker v. Wiman, 288 Or 687, 607 P2d 1370 (1980)
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