Administration of Estates Generally

ORS 114.456
Information to beneficiaries and Department of Human Services and Oregon Health Authority


(1)

A personal representative appointed under ORS 114.453 (Petition for appointment of personal representative) shall deliver or mail to the beneficiaries at their last-known address information that must include:

(a)

The title of the court in which the estate proceeding is pending and the case number;

(b)

The name of the decedent and the place and date of the death of the decedent;

(c)

The name and address of the personal representative, the attorney representing the personal representative in the wrongful death action and the attorney representing the personal representative in the probate proceeding;

(d)

The date of the appointment of the personal representative; and

(e)

A statement advising the beneficiaries that the rights of the beneficiaries may be affected by the proceeding and that additional information may be obtained from the records of the court, the personal representative or the attorney for the personal representative.

(2)

If the personal representative is a beneficiary named in the petition, the personal representative is not required to deliver or mail the information under this section to the personal representative.

(3)

Within 30 days after the date of appointment the personal representative shall cause to be filed in the estate proceeding proof of the delivery or mailing required by this section or a waiver of notice as provided under ORS 111.225 (Waiver of notice). The proof must include a copy of the information delivered or mailed and the names of the persons to whom it was delivered or mailed.

(4)

If before the filing of the motion to close the estate under ORS 114.462 (Motion to close estate) the personal representative has actual knowledge that the petition did not include the name and address of any beneficiary, the personal representative shall:

(a)

Make reasonable efforts under the circumstances to ascertain the names and addresses of the beneficiaries that were not included;

(b)

Promptly deliver or mail information specified in subsection (1) of this section to each beneficiary located after the filing of the petition and before the filing of the motion to close the estate under ORS 114.462 (Motion to close estate) and to the Department of State Lands; and

(c)

File in the estate proceeding, on or before filing the motion to close the estate under ORS 114.462 (Motion to close estate), proof of compliance with this subsection or a waiver of notice as provided under ORS 111.225 (Waiver of notice).

(5)

Within 30 days after the appointment of the personal representative, the personal representative must mail or deliver the following information to the Department of Human Services and the Oregon Health Authority:

(a)

The title of the court in which the estate proceeding is pending and the case number;

(b)

The name of the decedent and the place and date of the death of the decedent;

(c)

The name and address of the personal representative, the attorney representing the personal representative in the wrongful death action and the attorney representing the personal representative in the probate proceeding;

(d)

The date of the appointment of the personal representative; and

(e)

Any other information required by rule of the department or the authority. [2019 c.166 §6]
Note: The amendments to 114.456 (Information to beneficiaries and Department of Human Services and Oregon Health Authority) by section 41b, chapter 678, Oregon Laws 2019, become operative July 1, 2021. See section 85, chapter 678, Oregon Laws 2019. The text that is operative on and after July 1, 2021, is set forth for the user’s convenience.
114.456 (Information to beneficiaries and Department of Human Services and Oregon Health Authority). (1) A personal representative appointed under ORS 114.453 (Petition for appointment of personal representative) shall deliver or mail to the beneficiaries at their last-known address information that must include:

(a)

The title of the court in which the estate proceeding is pending and the case number;

(b)

The name of the decedent and the place and date of the death of the decedent;

(c)

The name and address of the personal representative, the attorney representing the personal representative in the wrongful death action and the attorney representing the personal representative in the probate proceeding;

(d)

The date of the appointment of the personal representative; and

(e)

A statement advising the beneficiaries that the rights of the beneficiaries may be affected by the proceeding and that additional information may be obtained from the records of the court, the personal representative or the attorney for the personal representative.

(2)

If the personal representative is a beneficiary named in the petition, the personal representative is not required to deliver or mail the information under this section to the personal representative.

(3)

Within 30 days after the date of appointment the personal representative shall cause to be filed in the estate proceeding proof of the delivery or mailing required by this section or a waiver of notice as provided under ORS 111.225 (Waiver of notice). The proof must include a copy of the information delivered or mailed and the names of the persons to whom it was delivered or mailed.

(4)

If before the filing of the motion to close the estate under ORS 114.462 (Motion to close estate) the personal representative has actual knowledge that the petition did not include the name and address of any beneficiary, the personal representative shall:

(a)

Make reasonable efforts under the circumstances to ascertain the names and addresses of the beneficiaries that were not included;

(b)

Promptly deliver or mail information specified in subsection (1) of this section to each beneficiary located after the filing of the petition and before the filing of the motion to close the estate under ORS 114.462 (Motion to close estate) and to the State Treasurer; and

(c)

File in the estate proceeding, on or before filing the motion to close the estate under ORS 114.462 (Motion to close estate), proof of compliance with this subsection or a waiver of notice as provided under ORS 111.225 (Waiver of notice).

(5)

Within 30 days after the appointment of the personal representative, the personal representative must mail or deliver the following information to the Department of Human Services and the Oregon Health Authority:

(a)

The title of the court in which the estate proceeding is pending and the case number;

(b)

The name of the decedent and the place and date of the death of the decedent;

(c)

The name and address of the personal representative, the attorney representing the personal representative in the wrongful death action and the attorney representing the personal representative in the probate proceeding;

(d)

The date of the appointment of the personal representative; and

(e)

Any other information required by rule of the department or the authority.
Note: See note under 114.441 (Definitions for ORS 114.441 to 114.462).

Source

Last accessed
Jun. 26, 2021