Administration of Estates Generally

ORS 114.462
Motion to close estate

  • objections
  • judgment
  • discharge of personal representative


(1)

When a personal representative is appointed under ORS 114.453 (Petition for appointment of personal representative) and no assets of the estate have been discovered, the personal representative may move to close the estate after resolution of the wrongful death claim and distribution of any funds recovered in the wrongful death claim, but no earlier than four months after the latest date of delivery or mailing of the information described ORS 114.456 (Information to beneficiaries and Department of Human Services and Oregon Health Authority).

(2)

The motion must state that no assets of the estate have been discovered and that the wrongful death claim has been resolved.

(3)

The motion must be accompanied by receipts or other evidence satisfactory to the court showing that the damages accepted or recovered in the wrongful death claim have been distributed as provided in ORS 30.030 (Distribution of damages).

(4)

The personal representative shall set a time for filing objections to the motion to close the estate. Not less than 20 days before the time set, the personal representative shall mail a copy of the motion to close the estate to each beneficiary.

(5)

If the court grants the motion, the court shall enter a general judgment closing the estate and discharging the personal representative. The discharge so entered operates as a release of the personal representative from further duties and as a bar to any action against the personal representative. The court may, in its discretion and upon such terms as may be just, within one year after entry of the judgment of discharge, permit an action to be brought against the personal representative if the judgment of discharge was taken through fraud or misrepresentation of the personal representative or through the mistake, inadvertence, surprise or excusable neglect of the claimant. [2019 c.166 §8]
Note: See note under 114.441 (Definitions for ORS 114.441 to 114.462).

Source

Last accessed
Jun. 26, 2021