Administration of Estates Generally

ORS 114.447
Court approval of settlement of personal injury claim or wrongful death claim


The parties to a personal injury claim or a wrongful death claim may enter into a settlement agreement, subject to the approval of the probate court, whether or not an action asserting the personal injury claim or the wrongful death claim has been commenced. The personal representative shall petition the probate court for approval of the proposed settlement. The petition need not state the amount of the proposed settlement.


A petition to approve a settlement under this section must be accompanied by a declaration under penalty of perjury of the attorney for the personal representative in the personal injury claim or the wrongful death claim:


Stating whether the claim being settled is a personal injury claim or a wrongful death claim;


Describing the incident causing the injury or death;


Describing the injuries;


Stating the amount of the claim;


Stating the amount of the settlement;


Stating the amount of attorney fees and costs;


Stating the amount of payments or reimbursements owed under ORS 30.030 (Distribution of damages) (3) and, in the case of a personal injury claim, under ORS 416.540 (Lien of department and authority);


Stating the amount of any personal representative fee attributable to a wrongful death claim;


Stating the reasons for the settlement and the efforts to maximize recovery;


Stating that the attorney has examined the applicable medical records; and


Explaining why it is appropriate to settle the case. [2019 c.166 §3]
Note: See note under 114.441 (Definitions for ORS 114).
(Probate of Estate With Personal Injury Claim as Only Asset)


Last accessed
Mar. 11, 2023