ORS 115.145
Procedure by claimant on disallowance of claim

(1)

If the personal representative disallows a claim in whole or in part, the claimant, within 30 days after the date of mailing or delivery of the notice of disallowance, may either:

(a)

File with the court in the estate proceeding a request for summary determination of the claim by the probate court, with proof of service of a copy of the request upon the personal representative or the attorney of the personal representative; or

(b)

Commence a separate action against the personal representative on the claim in any court of competent jurisdiction. The action shall proceed and be tried as any other action.

(2)

If the claimant fails to either request a summary determination or commence a separate action as provided in subsection (1) of this section, the claim, to the extent disallowed by the personal representative, is barred.

(3)

In a proceeding for summary determination of a claim or in a separate action on a claim the claim shall be allowed or judgment entered on the claim in the full amount of the liability, if any, of the decedent to the claimant. However, the claim shall be paid only to the extent of the assets of the estate allocable to the payment of the claim pursuant to ORS 115.115 (Payment of claims) and 115.125 (Order of payment of expenses and claims). [1969 c.591 §154; 1989 c.229 §7; 2017 c.169 §32]

Source: Section 115.145 — Procedure by claimant on disallowance of claim, https://www.­oregonlegislature.­gov/bills_laws/ors/ors115.­html.

Notes of Decisions

Action against residuary legatee of estate for restitution of amount paid by plaintiff on obligation owed by estate was properly dismissed where plaintiff failed to exercise statutory rights against estate. First Interstate Bank v. Haynes, 73 Or App 714, 699 P2d 1168 (1985), Sup Ct review denied, on reconsideration 75 Or App 18, 704 P2d 1165 (1985)

Order granting motion to strike petition by bank to reopen estate was appealable order and res judicata bars second action by bank against residuary legatee of estate where legatee was re-named personal representative in second suit and other principles of res judicata applied. First Interstate Bank v. Haynes, 87 Or App 700, 743 P2d 1139 (1987)

Procedural mechanism for filing request for summary determination or commencing action against estate does not create new rights, therefore time limitation does not apply to government entities. Department of Human Resources v. Payne, 157 Or App 612, 970 P2d 266 (1998)

When read with ORS 115.165, personal representative of decedent may not assert counterclaim in summary determination proceeding. Flaig v. Emert, 260 Or App 652, 320 P3d 586 (2014)

Law Review Citations

26 WLR 284 (1990)

Green check means up to date. Up to date

Current through early 2024

§ 115.145’s source at oregon​.gov