Administration of Estates Generally

ORS 114.453
Petition for appointment of personal representative

Any beneficiary, any interested person or the person nominated as personal representative named in the will may petition for the appointment of a personal representative for the sole purpose of pursuing a claim for the wrongful death of the decedent. Except as provided in ORS 114.459 (Waiver of requirements), a personal representative appointed under this section has all the duties of a personal representative under ORS 119.006 (Definitions for ORS 119.006 to 119.081) to 119.081 (Effect on other laws) and ORS chapters 113, 114, 115, 116, 117 and 118. In addition to the information required under ORS 113.035 (Petition for appointment of personal representative and probate of will), a petition filed under this section must include the following information, so far as known:


A statement that the petitioner is filing the petition for the sole purpose of pursuing a wrongful death claim;


The names, relationship to the decedent and post-office addresses of beneficiaries, and the ages of any beneficiaries who are minors; and


A statement that reasonable efforts have been made to identify and locate all beneficiaries. If the petitioner knows of any actual or possible omissions from the list of beneficiaries, the petition must include a statement indicating that there are omissions from the information relating to beneficiaries. [2019 c.166 §5]
Note: See note under 114.441 (Definitions for ORS 114.441 to 114.462).


Last accessed
Jun. 26, 2021