ORS 113.055
Testimony of attesting witnesses to will

(1)

Upon the ex parte review of a petition for the probate of a will, an affidavit of an attesting witness may be used instead of the personal presence of the witness in court. The witness may give evidence of the execution of the will by attaching the affidavit to the will or to a photographic or other facsimile copy of the will and may identify the signature of the testator and witnesses to the will by use of the will or the copy. The affidavit shall be received in evidence by the court and have the same weight as to matters contained in the affidavit as if the testimony were given by the witness in open court. The affidavit of the attesting witness may be made at or after the time of execution of the will.

(2)

However, upon motion of any person interested in the estate filed within 30 days from the date the personal representative first delivers or mails information under ORS 113.145 (Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority) (1), the court may require that the witness making the affidavit be brought before the court. If the witness is outside the reach of a subpoena, the court may order that the deposition of the witness be taken.

(3)

If the evidence of none of the attesting witnesses is available, the court may allow proof of the will by testimony or other evidence that the signature of the testator or at least one of the witnesses is genuine.

(4)

In the event of contest of the will or of probate of the will in solemn form, proof of any facts shall be made in the same manner as in an action tried without a jury. [1969 c.591 §85; 1979 c.284 §105; 2017 c.169 §11]

Source: Section 113.055 — Testimony of attesting witnesses to will, https://www.­oregonlegislature.­gov/bills_laws/ors/ors113.­html.

Notes of Decisions

Will contests are still reviewed de novo despite 1979 amendment replacing reference to suit in equity with reference to action tried without jury. Sanders v. U.S. National Bank, 71 Or App 674, 694 P2d 548 (1984), Sup Ct review denied

Amendment inserting reference to action tried without jury did not convert formerly equitable suit into action at law requiring constitutional right to jury. Rantru v. Unger, 73 Or App 680, 700 P2d 272 (1985)

113.005
Special administrators 113.007
Exceptions to bond requirement for special administrator 113.015
Venue 113.025
Proceedings commenced in more than one county 113.027
Limitation on admission of will to probate 113.035
Petition for appointment of personal representative and probate of will 113.038
Request for different method of compensation of personal representative 113.045
Information of escheat to State Treasurer 113.055
Testimony of attesting witnesses to will 113.065
Establishing foreign wills 113.075
Will contest 113.085
Preference in appointing personal representative 113.086
Approval of attorneys who are eligible to be personal representative for decedent who received Medicaid or other public assistance 113.087
Effect of accepting appointment as personal representative 113.092
Convicted felon as nominated personal representative 113.095
Persons not qualified to act as personal representatives 113.105
Bond for personal representative 113.115
Increasing, reducing or requiring new bond 113.125
Letters testamentary or of administration 113.135
Designation of attorney to be filed 113.145
Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority 113.155
Publication of notice to interested persons 113.165
Filing inventory and evaluation 113.175
Property discovered after inventory filed 113.185
Appraisal 113.195
Removal of personal representative 113.205
Powers of surviving personal representative 113.215
Appointment of successor personal representative 113.225
Notice to interested persons by successor personal representative 113.235
Appointment of estate administrators by State Treasurer 113.238
Requirements and prohibitions related to certain decedents who die intestate and without heirs 113.242
Authority of estate administrator
Green check means up to date. Up to date

Current through early 2024

§ 113.055’s source at oregon​.gov