Administration of Estates Generally
Personal representative to proceed without court order
- application for authority, approval or instructions
Notes of Decisions
When the personal repesentative's contract for the sale of real property belonging to the estate specified court approval as a condition of sale, the probate court had authority to approve or disapprove the sale. Helgesson v. Estate of Frank, 17 Or App 133, 521 P2d 16 (1974), Sup Ct review denied
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)