Administration of Estates Generally

ORS 114.255
Commencement of duties and powers of personal representative

  • prior acts


The duties and powers of a personal representative commence upon the issuance of the letters of the personal representative. The powers of a personal representative relate back in time to give the acts of the personal representative occurring prior to appointment the same effect as those occurring thereafter. A personal representative may ratify and accept acts on behalf of the estate done by others where those acts would have been proper for a personal representative. [1969 c.591 §122]

Notes of Decisions

Where action potentially beneficial to an estate was commenced by a person who had good reason to believe that he could maintain the action as a personal representative, but whose appointment was in fact invalid, proper appointment of proper party as a personal representative after running of statute of limitations on underlying claim would relate back to original filing of action where no prejudice was shown; overruling to extent of inconsistency, Richard v. Slate, 239 Or 164, 396 P2d 900 (1964). Rennie v. Pozzi, 294 Or 334, 656 P2d 934 (1982)

§§ 114.255 to 114.435

Notes of Decisions

Where ORS 30.070 grants personal representative "full power" to settle wrongful death claim with approval of probate court and does not require notice to beneficiaries or grant them right to intervene in proceeding to approve settlement but only to be heard as matter of right regarding allocation of proceeds, if personal representative breached fiduciary duty, beneficiaries have remedy under ORS 114.395 and 114.405. Hughes v. White, 41 Or App 439, 599 P2d 1147 (1979), aff'd 289 Or 13, 609 P2d 365 (1980)


Source

Last accessed
Jun. 26, 2021