ORS 115.305
Survival of causes of action

All causes of action or suit, by one person against another, survive to the personal representative of the former and against the personal representative of the latter. [Formerly 121.020]

Notes of Decisions

The death of a party after a decree of dissolution does not terminate the right of that party’s personal representative from making a timely appeal of the property division. Libby and Libby, 23 Or App 223, 541 P2d 1077 (1975)

This section, not ORS 115.195, governed action commenced before decedent died and plaintiffs were not required to and did not present claims to personal representative. Hitchman v. Burkey, 95 Or App 508, 769 P2d 799 (1989)


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May 30, 2023