ORS 113.195
Removal of personal representative

(1)

When a personal representative ceases to be qualified as provided in ORS 113.095 (Persons not qualified to act as personal representatives), or becomes incapable of discharging duties, the court shall remove the personal representative.

(2)

When a personal representative has been unfaithful to or neglectful of the trust, the court may remove the personal representative.

(3)

When a personal representative has failed to comply with ORS 113.092 (Convicted felon as nominated personal representative), the court may remove the personal representative.

(4)

For other good cause shown, the court may remove the personal representative.

(5)

When grounds for removal of a personal representative appear to exist, the court, on its own motion or on the petition of any interested person, shall order the personal representative to appear and show cause why the personal representative should not be removed. A copy of the order to show cause and of the petition, if any, shall be served upon the personal representative and upon the surety of the personal representative as provided in ORS 111.215 (Notice). [1969 c.591 §99; 1975 c.781 §9; 2017 c.169 §19]

Source: Section 113.195 — Removal of personal representative, https://www.­oregonlegislature.­gov/bills_laws/ors/ors113.­html.

Notes of Decisions

Under section authorizing removal of personal representative for “good cause,” court may remove personal representative to prevent problems from arising in probate, including discord between personal representative and beneficiaries. Warkentin v. Shirey, 308 Or App 1, 480 P3d 289 (2020), on reconsideration 309 Or App 314, 481 P3d 444 (2021) (former opinion adhered to as modified)

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

§ 113.195’s source at oregon​.gov