Administration of Estates Generally

ORS 114.540
Procedure for claims

(1)

(a) A claim against an estate with respect to which a small estate affidavit is filed may be presented to the affiant within four months after the affidavit was filed. If an amended small estate affidavit is filed under ORS 114.515 (Small estate affidavit) (6), claims against the estate may be presented within four months after the filing of the amended affidavit.

(b)

Except as provided in ORS 114.550 (Summary review of administration of estate), a claim presented after the limitations described in paragraph (a) of this subsection is barred.

(c)

Filing a claim with the court does not constitute presentation to the affiant.

(d)

(A) Except as provided in subparagraph (B) of this paragraph, a claim is presented to the affiant when the claim is mailed or personally delivered to the affiant at the mailing address for presentment of claims included in the small estate affidavit under ORS 114.525 (Content of affidavit).

(B)

If the affiant authorized creditors to present claims by electronic mail or facsimile communication in the small estate affidavit as provided in ORS 114.525 (Content of affidavit), a claim is presented to the affiant when it is sent to the electronic mail address or the facsimile number designated by the affiant for presentment of claims, unless the sender receives a notice that the electronic mail was not delivered or the facsimile communication was not successful. If the affiant denies receiving the electronic mail or facsimile communication, the burden of proof is on the creditor to demonstrate that the electronic mail was properly addressed and sent or that the facsimile communication was properly addressed and successfully delivered or transmitted.

(e)

Each claim presented to the affiant must include the information required by ORS 115.025 (Form of claims).

(2)

(a) A claim presented to the affiant that was not listed in the small estate affidavit shall be considered allowed as presented unless within 60 days after the date of presentment of the claim the affiant mails or delivers a notice of disallowance of the claim in whole or in part to the claimant and any attorney for the claimant. A notice of disallowance of a claim must state the reason for the disallowance and inform the claimant that the claim has been disallowed in whole or in part and, to the extent disallowed, will be barred unless:

(A)

The claimant files a petition for summary determination as provided in ORS 114.542 (Summary determination); or

(B)

A petition for appointment of a personal representative of the estate is filed within the time allowed under ORS 114.555 (Transfer of interest of decedent in property described in affidavit).

(b)

Statement of a reason for disallowance under this subsection is not an admission by the affiant and does not preclude the assertion of other defenses to the claim. [1989 c.228 §7; 2003 c.523 §3; 2005 c.122 §4; 2019 c.165 §10]

Notes of Decisions

Once small estate process is triggered through filing of affidavit, small estate statutes have exclusive jurisdiction over claims unless personal representative appointed within four months of filing. Givan v. Dept. of Human Services, 289 Or App 125, 410 P3d 311 (2017)

Law Review Citations

26 WLR 296 (1990)

§§ 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
Jun. 26, 2021

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