ORS 115.325
Action not to be commenced until claim presented and disallowed


Except as provided in ORS 115.004 (Recovery for failure to make search or give notice), 115.005 (Presentation of claims) (5) and 115.065 (Claims on secured debts due), no action against a personal representative on account of a claim shall be commenced until the claim of the plaintiff has been presented to and disallowed by the personal representative. [Formerly 121.090; 1989 c.229 §8; 1993 c.214 §2]

Source: Section 115.325 — Action not to be commenced until claim presented and disallowed, https://www.­oregonlegislature.­gov/bills_laws/ors/ors115.­html.

Notes of Decisions

Where creditor of decedent filed action for specific performance of land sales contract against administrator of decedent’s estate before filing claim with estate, creditor was limited to reliance on security and could not collect deficiency judgment. Meissner v. Murphy, 58 Or App 174, 647 P2d 972 (1982)

Where plaintiffs failed to allege in complaint that claim was presented to personal representative of estate and denied, trial court did not err in granting defendant’s motion to dismiss for failure to state claim. Balthrop v. Berryman, 96 Or App 354, 772 P2d 955 (1989)

Law Review Citations

26 WLR 285 (1990)

Green check means up to date. Up to date