ORS 115.165
Summary determination procedure

In a proceeding for summary determination by the probate court of a claim disallowed in whole or in part by the personal representative:


The personal representative shall move or plead to the claim as though the claim were a complaint filed in an action.


The court shall hear the matter without a jury, after notice to the claimant and personal representative. Upon the hearing the court shall determine the claim in a summary manner and shall make an order allowing or disallowing the claim in whole or in part.


No appeal may be taken from the order of the court made upon the summary determination. [1969 c.591 §156]

Source: Section 115.165 — Summary determination procedure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors115.­html.

Notes of Decisions

When read with ORS 115.145, personal representative of decedent may not assert counterclaim in summary determination proceeding. Flaig v. Emert, 260 Or App 652, 320 P3d 586 (2014)

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