Administration of Estates Generally

ORS 114.415
Copersonal representatives

  • when joint action required

(1)

When two or more persons are appointed copersonal representatives, the concurrence of all is required for all acts connected with the administration and distribution of the estate, except:

(a)

Any copersonal representative may receive and receipt for property due the estate.

(b)

When the concurrence of all cannot readily be obtained in the time reasonably available for emergency action.

(c)

Where any others have delegated their power to act.

(d)

Where the will provides otherwise.

(e)

Where the court otherwise directs.

(2)

Persons dealing with a copersonal representative who are actually unaware that another has been appointed to serve with the person are as fully protected as if the person with whom they dealt had been the sole personal representative. [1969 c.591 §138]
§§ 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

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