Administration of Estates Generally

ORS 114.395
Improper exercise of power

  • breach of fiduciary duty

If the exercise of power by a personal representative in the administration of an estate is improper, the personal representative is liable for breach of fiduciary duty to interested persons for resulting damage or loss to the same extent as a trustee of an express trust. Exercise of power in violation of a court order is a breach of duty. Exercise of power contrary to the provisions of the will may be a breach of duty. [1969 c.591 §136]

Notes of Decisions

Copersonal representative violated his fiduciary duty by making remarks that resulted in investigation that depleted estate assets and delayed distribution so respondents are entitled to costs and attorney fees. Moser v. Van Winkle, 103 Or App 398, 797 P2d 1063 (1990)

Court had authority to order personal representative to pay costs and attorney fees under this section. Moser v. Van Winkle, 103 Or App 398, 797 P2d 1063 (1990)

§§ 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)


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Jun. 26, 2021