Administration of Estates Generally

ORS 114.405
Personal liability of personal representative


(1)

The personal liability of a personal representative to third parties, as distinguished from fiduciary accountability to the estate, arising from the administration of the estate is that of an agent for a disclosed principal.

(2)

A personal representative is not personally liable on contracts properly entered into in the fiduciary capacity in the course of administration of the estate unless the personal representative expressly agrees to be personally liable.

(3)

A personal representative is not personally liable for obligations arising from possession or control of property of the estate or for torts committed in the course of administration of the estate unless the personal representative is personally at fault.

(4)

Claims based upon contracts, obligations and torts of the types described in subsections (2) and (3) of this section may be allowed against the estate whether or not the personal representative is personally liable therefor. [1969 c.591 §137]

Notes of Decisions

In absence of bad faith or fraud to deprive attorney of reasonable fees, this section did not imply duty on the part of personal representative to appeal award of attorney fees which attorney for estate deemed inadequate. Smith v. U.S. National Bank, 47 Or App 967, 615 P2d 1119 (1980), Sup Ct review denied

§§ 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