ORS 114.505
Definitions for ORS 114.505 to 114.560


As used in ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy):

(1)

“Affiant” means the person or persons signing a small estate affidavit.

(2)

“Claiming successors” means:

(a)

If the decedent died intestate, the heir or heirs of the decedent, or if there is no heir, an estate administrator of the Department of State Lands appointed under ORS 113.235 (Appointment of estate administrators by Director of Department of State Lands);

(b)

If the decedent died testate, the devisee or devisees of the decedent; and

(c)

Any creditor of the estate entitled to payment or reimbursement from the estate under ORS 114.545 (Affiant as fiduciary) (1)(f) who has not been paid or reimbursed the full amount owed such creditor within 60 days after the date of the decedent’s death.

(3)

“Small estate affidavit” means an affidavit or amended affidavit filed under ORS 114.515 (Small estate affidavit). [1973 c.710 §2; 1977 c.239 §1; 1979 c.340 §1; 1979 c.467 §3; 1989 c.228 §1; 2003 c.395 §14; 2005 c.22 §92; 2015 c.146 §2; 2019 c.165 §1]
Note: The amendments to 114.505 (Definitions for ORS 114.505 to 114.560) by section 40, 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.
114.505 (Definitions for ORS 114.505 to 114.560). As used in ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy):

(1)

“Affiant” means the person or persons signing a small estate affidavit.

(2)

“Claiming successors” means:

(a)

If the decedent died intestate, the heir or heirs of the decedent, or if there is no heir, an estate administrator of the State Treasurer appointed under ORS 113.235 (Appointment of estate administrators by Director of Department of State Lands);

(b)

If the decedent died testate, the devisee or devisees of the decedent; and

(c)

Any creditor of the estate entitled to payment or reimbursement from the estate under ORS 114.545 (Affiant as fiduciary) (1)(f) who has not been paid or reimbursed the full amount owed such creditor within 60 days after the date of the decedent’s death.

(3)

“Small estate affidavit” means an affidavit or amended affidavit filed under ORS 114.515 (Small estate affidavit).
§§ 114.505 to 114.560

Notes of Decisions

Small estate statutory scheme has jurisdictional effect such that all claims within it must be resolved within its process and deadlines. Givan v. Dept. of Human Services, 289 Or App 125, 410 P3d 311 (2017)

Atty. Gen. Opinions

Minimum probate filing fees for “small estates,” (1974) Vol 37, p 212

Law Review Citations

16 WLR 307 (1979); 26 WLR 286 (1990)


Source
Last accessed
May. 15, 2020