Administration of Estates Generally

ORS 114.355
Sale or encumbrance to personal representative voidable

  • exceptions


Any sale or encumbrance to the personal representative, the spouse, agent or attorney of the personal representative, or any corporation or trust in which the personal representative has more than a one-third beneficial interest, is voidable unless:


The transaction was consented to by all interested persons affected thereby; or


The will expressly authorizes the transaction by the personal representative; or


The transaction was made in compliance with another statute or with a contract or other instrument executed by the decedent.


The title of a purchaser for value without notice of the circumstances of the transaction with the personal representative is not affected unless the purchaser should have known of the defect in the title of the seller. [1969 c.591 §132]
§§ 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)


Last accessed
Jun. 26, 2021