Administration of Estates Generally

ORS 114.459
Waiver of requirements


(1)

When a personal representative is appointed ORS 114.453 (Petition for appointment of personal representative) and no assets of the estate have been discovered:

(a)

The following requirements are waived:

(A)

Information to devisees, heirs and interested persons of appointment of personal representative under ORS 113.145 (Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority);

(B)

Publication of notice under ORS 113.155 (Publication of notice to interested persons);

(C)

The bond required under ORS 113.105 (Bond for personal representative);

(D)

Proof of compliance of diligent search for claimants under ORS 115.003 (Personal representative to make diligent search for claimants); and

(E)

The inventory required under ORS 113.165 (Filing inventory and evaluation).

(b)

The personal representative may file an annual report on the status of the wrongful death claim in lieu of the annual account required under ORS 116.083 (Accounting by personal representative).

(c)

In lieu of filing a final account under ORS 116.083 (Accounting by personal representative) (4), the personal representative may file a motion to close the estate ORS 114.462 (Motion to close estate).

(2)

This section does not limit or modify the provisions of ORS 30.030 (Distribution of damages) (3). [2019 c.166 §7]
Note: See note under 114.441 (Definitions for ORS 114.441 to 114.462).

Source

Last accessed
Jun. 26, 2021