ORS 116.063
Liability of personal representative

A personal representative may be liable for and is chargeable in the accounts of the personal representative with:

(1)

All of the estate of the decedent that comes into the possession of the personal representative at any time, including the income therefrom.

(2)

All property not a part of the estate if:

(a)

The personal representative has commingled the property with the assets of the estate; or

(b)

The property was received under a duty imposed on the personal representative by law in the capacity of personal representative.

(3)

Any loss to the estate arising from:

(a)

Neglect or unreasonable delay in collecting the assets of the estate.

(b)

Neglect in paying over money or delivering property of the estate.

(c)

Failure to pay taxes as required by law or to close the estate within a reasonable time.

(d)

Embezzlement or commingling of the assets of the estate with other property.

(e)

Unauthorized self-dealing.

(f)

Wrongful acts or omissions of copersonal representatives that the personal representative could have prevented by the exercise of ordinary care.

(g)

Any other negligent or willful act or nonfeasance in the administration of the estate by which loss to the estate arises. [1969 c.591 §173]

Source: Section 116.063 — Liability of personal representative, https://www.­oregonlegislature.­gov/bills_laws/ors/ors116.­html (accessed May 26, 2025).

Notes of Decisions

Negligent or willful act or nonfeasance by personal representative in handling of wrongful death claim cannot cause loss to estate. Graves v. Tulleners, 205 Or App 267, 134 P3d 990 (2006)

116.007
Allocation of income 116.013
Petition and order for partial distribution 116.023
Bond or other security 116.033
Discharge of personal representative 116.043
Petition and order for refund by distributee 116.063
Liability of personal representative 116.073
Nonliability of personal representative 116.083
Accounting by personal representative 116.093
Notice for filing objections to final account and petition for distribution 116.103
Objections to final account and petition 116.113
Judgment of final distribution 116.123
Effect of approval of final account 116.133
Distribution 116.143
Interest on pecuniary devises 116.153
Right of offset and retainer 116.163
Distribution to foreign personal representative 116.173
Compensation of personal representative 116.183
Expenses of personal representative 116.193
Order of escheat 116.203
Disposition of unclaimed assets 116.208
Motion to close estate with no known assets 116.213
Discharge of personal representative 116.223
Recording of deed from personal representative 116.233
Reopening estate of decedent 116.243
Reports by court clerks, county clerks or court administrators to State Treasurer 116.253
Recovery of escheated property 116.263
Payment of debt and delivery of property to foreign personal representative without local administration 116.303
Definitions for ORS 116.303 to 116.383 116.313
Apportionment among interested persons 116.323
Apportionment proceedings 116.333
Withholding of tax 116.343
Allowances for exemptions, deductions and credits 116.353
Income interests 116.363
Proceedings for recovery of tax 116.373
Foreign personal representatives and estates 116.383
Construction

Current through early 2026

§ 116.063. Liab. of personal representative's source at oregon​.gov