ORS 113.038
Request for different method of compensation of personal representative
(1)
A petition for the appointment of a personal representative under ORS 113.035 (Petition for appointment of personal representative and probate of will) may include a request for the compensation of the personal representative to be determined by a different method than as provided in ORS 116.173 (Compensation of personal representative) (3). The petition must set forth specific facts showing that the compensation calculated under ORS 116.173 (Compensation of personal representative) (3) would be inadequate to compensate the personal representative for the reasonable value of the personal representative’s services. The court may grant the request if the court finds that compensation as provided in ORS 116.173 (Compensation of personal representative) (3) would be inadequate.(2)
If the petition includes a request for a different method of compensation under this section:(a)
The petitioner shall give notice and a copy of the petition to the distributees of the estate, the Department of Human Services and the Oregon Health Authority. The notice shall allow 20 days for filing objections to the petition unless the court allows a different time.(b)
A judgment appointing a personal representative under ORS 113.035 (Petition for appointment of personal representative and probate of will) may not be entered until the court has held a hearing on the petition including the request or the time for filing objections to the petition has expired without an objection being filed.(3)
If the court allows the petitioner’s request for a different method of compensation under this section, the personal representative may, at any time prior to or at the time of the filing of the final account or the statement in lieu of the final account under ORS 116.083 (Accounting by personal representative), elect to be compensated as provided in ORS 116.173 (Compensation of personal representative) (3).(4)
Failure by the department, the authority or a distributee to object to a request for a different method of compensation under this section does not preclude the department, the authority or a distributee from objecting to the amount of the personal representative’s compensation set forth in the final account filed under ORS 116.083 (Accounting by personal representative) on the basis that the compensation exceeds the reasonable value of the services actually provided by the personal representative. [2017 c.169 §9]
Source:
Section 113.038 — Request for different method of compensation of personal representative, https://www.oregonlegislature.gov/bills_laws/ors/ors113.html.
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