Administration of Estates Generally

ORS 114.425
Discovery of property, writings and information


(1)

The court may order any person to appear and give testimony by deposition if it appears probable that the person:

(a)

Has concealed, secreted or disposed of any property of the estate of a decedent;

(b)

Has been entrusted with property of the estate of a decedent and fails to account therefor to the personal representative;

(c)

Has concealed, secreted or disposed of any writing, instrument or document pertaining to the estate;

(d)

Has knowledge or information that is necessary to the administration of the estate; or

(e)

As an officer or agent of a corporation, has refused to allow examination of the books and records of the corporation that the decedent had the right to examine.

(2)

If a person cited as provided in subsection (1) of this section fails to appear or to answer questions asked as authorized by the order of the court, the person is in contempt and may be punished as for other contempts. [1969 c.591 §139; 1979 c.284 §106]
§§ 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