Claims

ORS 115.003
Personal representative to make diligent search for claimants

  • notice to claimants
  • contents
  • proof of compliance
  • exception for estates with no known assets


(1)

Except as provided in subsection (6) of this section, during the three months following appointment, unless a longer time is allowed by the court, the personal representative shall make reasonably diligent efforts to investigate the financial records and affairs of the decedent and shall take such further actions as may be reasonably necessary to ascertain the identity and address of each person who has or asserts a claim against the estate. The personal representative shall request and the court shall allow a longer time for ascertaining claims if the personal representative cannot complete reasonably diligent efforts to identify persons with claims during the time required by this section or by a previous order of the court.

(2)

Not later than 30 days after expiration of the period, including any extensions, described in subsection (1) or (6) of this section, the personal representative shall cause to be delivered or mailed to each person known by the personal representative during such period to have or assert a claim against the estate a notice containing the information required in subsection (3) of this section. The personal representative is not required to give notice on account of a claim that has already been presented, accepted or paid in full or on account of a claim that is merely conjectural. The personal representative may also cause such a notice to be delivered or mailed to any person discovered by the personal representative after expiration of the period described in subsection (1) or (6) of this section to have or assert a claim against the estate.

(3)

The notice shall include:

(a)

The title of the court in which the estate proceeding is pending;

(b)

The name of the decedent;

(c)

The name of the personal representative and the address at which claims are to be presented;

(d)

A statement that claims against the estate not presented to the personal representative within 45 days of the date of the notice may be barred; and

(e)

The date of the notice, which shall be the date on which it is delivered or mailed.

(4)

Not later than 60 days after expiration of the period, including any extensions, described in subsection (1) or (6) of this section, the personal representative shall cause to be filed in the estate proceeding proof of compliance with subsections (1) and (2) of this section. The proof shall include a copy of the form of any notice delivered or mailed, the date on which each notice was delivered or mailed and the name and address of the person to whom each notice was delivered or mailed.

(5)

The failure of the personal representative to make reasonably diligent efforts to ascertain claims as required by subsection (1) of this section or to cause a notice to be delivered or mailed as required by subsection (2) of this section is a breach of duty to the persons concerned, but does not affect the validity of appointment, duties or powers or the exercise of duties or powers.

(6)

(a) This section does not apply if the petition for appointment of the personal representative states that no assets of the estate are known to the petitioner and no assets of the estate have come into the possession or knowledge of the personal representative.

(b)

If the petition for appointment of the personal representative states that no assets of the estate are known to the petitioner and assets of the estate later come into the possession or knowledge of the personal representative, the personal representative shall comply with this section. The three-month period for compliance with subsection (1) of this section begins on the date of filing of the inventory or supplemental inventory first showing assets of the estate. [1989 c.229 §2; 2007 c.284 §12; 2017 c.169 §54; 2019 c.414 §6]

Notes of Decisions

Where defendant did not send notice to Oregon Health Authority under this section and defendant knew within three months after defendant was appointed personal representative of estate that authority asserted claim against estate, notice sent under ORS 113.145 was insufficient. Oregon Health Authority v. Cue, 268 Or App 350, 342 P3d 98 (2014), Sup Ct review denied

Law Review Citations

26 WLR 276 (1990)


Source

Last accessed
Jun. 26, 2021