ORS 115.005
Presentation of claims

  • time limitations

(1)

Intentionally left blank —Ed.

(a)

Claims against the estate of a decedent, other than claims of the personal representative as a creditor of the decedent, shall be presented to the personal representative. Filing a claim with the court does not constitute presentation to the personal representative. Except as provided in paragraph (b) of this subsection, a claim is presented to the personal representative when the claim is mailed or personally delivered to the personal representative at:

(A)

The address for the personal representative included in the petition for appointment of the personal representative under ORS 113.035 (Petition for appointment of personal representative and probate of will);

(B)

The address provided for presentation of claims under ORS 115.003 (Personal representative to make diligent search for claimants); or

(C)

The address provided for presentation of claims in the published notice under ORS 113.155 (Publication of notice to interested persons) or 113.225 (Notice to interested persons by successor personal representative).

(b)

In addition to the addresses for the presentation of claims under paragraph (a) of this subsection, the personal representative may authorize creditors to present claims by electronic mail or facsimile communication to a designated electronic mail address or facsimile number. If the personal representative authorizes alternative methods of presentation under this subsection, a claim is presented to the personal representative when it is sent to the electronic mail address or the facsimile number designated by the personal representative for the presentation of claims, unless the sender receives a notice that the electronic mail was not delivered or the facsimile communication was not successful. If the personal representative 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.

(2)

Except as provided in subsection (3) of this section, a claim is barred from payment from the estate if not presented within the statute of limitations applicable to the claim and before the later of:

(a)

Four months after the date of first publication of notice to interested persons; or

(b)

If the claim was one with respect to which the personal representative was required to deliver or mail a notice under ORS 115.003 (Personal representative to make diligent search for claimants) (2), 45 days after a notice meeting the requirements of ORS 115.003 (Personal representative to make diligent search for claimants) (3) is delivered or mailed to the last-known address of the person asserting the claim.

(3)

A claim against the estate presented after claims are barred under subsection (2) of this section shall be paid from the estate if the claim:

(a)

Is presented before the expiration of the statute of limitations applicable to the claim and before the personal representative files the final account;

(b)

Is presented by a person who did not receive a notice under ORS 115.003 (Personal representative to make diligent search for claimants) mailed or delivered more than 30 days prior to the date on which the claim is presented and who is not an assignee of a person who received such notice; and

(c)

Would be allowable but for the time at which the claim is presented.

(4)

A claim against an estate may be paid under subsection (3) of this section only after payment of all expenses having priority over claims under ORS 115.125 (Order of payment of expenses and claims) and payment of all previously presented claims.

(5)

This section does not affect or prevent:

(a)

Any proceeding to enforce a mortgage, pledge or other lien upon property of the estate, or to quiet title or reform any instrument with respect to title to property; or

(b)

To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which the decedent or personal representative is protected by liability insurance at the time the proceeding is commenced. [1969 c.591 §141; 1973 c.506 §29; 1989 c.229 §4; 1993 c.214 §1; 2001 c.620 §3; 2003 c.523 §1; 2017 c.169 §27]

Source: Section 115.005 — Presentation of claims; time limitations, https://www.­oregonlegislature.­gov/bills_laws/ors/ors115.­html.

Notes of Decisions

Where claim against decedent’s business establishment was transmitted to and answered by attorney for defendant-personal representative on behalf of estate, claim was presented to personal representative within meaning of this section. Wilson v. Culbertson, 41 Or App 475, 599 P2d 1163 (1979)

Exception for claims to establish liability of decedent up to limits of liability insurance protection applies only to claims against estate, not to liability claims against decedent personally. Ramirez v. Lembcke, 191 Or App 70, 80 P3d 510 (2003)

Where claim against estate is otherwise subject to statute of limitations, claimant must comply both with statute of limitations and with limitations period imposed under this section. Department of Human Services v. Broyles, 228 Or App 264, 208 P3d 519 (2009)

Law Review Citations

26 WLR 278 (1990)

Green check means up to date. Up to date

Current through early 2024

§ 115.005’s source at oregon​.gov