Administration of Estates Generally

ORS 114.550
Summary review of administration of estate

  • hearing
  • order
  • removal of affiant
  • surcharge

(1)

(a) The affiant or any claiming successor of the estate who has not been paid the full amount owed the claiming successor may, within two years after the filing of a small estate affidavit, file with the probate court a petition for summary review of administration of the estate.

(b)

Notwithstanding paragraph (a) of this subsection, a person may file a petition for summary review under this section for the purpose of compelling the affiant to distribute property of the estate within 60 days after the completion of the two-year period described in paragraph (a) of this subsection.

(c)

A creditor may not file a petition under this section if the creditor received a copy of a small estate affidavit delivered or mailed to the creditor within 30 days after the date the affidavit was filed, the creditor was shown as a disputed creditor in the affidavit and the creditor has not filed a petition for summary determination under ORS 114.542 (Summary determination).

(d)

A creditor may not file a petition under this section if the creditor presented a claim to the affiant, the claim was disallowed and the creditor did not file a petition for summary determination under ORS 114.542 (Summary determination).

(2)

Within 30 days after the filing of a petition under subsection (1) of this section by a person other than the affiant, the affiant shall file with the court an answer to the petition for summary review.

(3)

The court shall hear the matter without a jury, after notice to the claiming successor and the affiant, and any interested person may be heard in the proceeding.

(4)

Upon the hearing:

(a)

The court shall review administration of the estate in a summary manner and may order the affiant to sell property of the estate and pay creditors, to pay creditors of the estate from property of the estate or of the affiant, or to distribute property of the estate to the claiming successors, or may order any person who has received property of the estate to pay amounts owed to claiming successors of the estate in whole or in part.

(b)

If the court allows a claim of a creditor in whole or in part, the court shall order the affiant, to the extent of property of the estate allocable to the payment of the claim pursuant to ORS 115.125 (Order of payment of expenses and claims), and any claiming successor to whom property of the estate has been delivered or transferred under ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy), to the extent of the value of the property received, to pay to the creditor the amount allowed.

(c)

The court may remove the affiant if the affiant failed to comply with ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy), surcharge the affiant for any loss caused by failure to comply with ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy) and authorize the substitution of a new affiant. [1989 c.228 §8; 2003 c.196 §3; 2019 c.165 §17]
§§ 114.550 to 114.560

Law Review Citations

26 WLR 295-297 (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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