ACCOUNTING, DISTRIBUTION AND CLOSING

ORS 116.083
Accounting by personal representative

  • statement in lieu of account
  • rules


(1)

A personal representative shall make and file in the estate proceeding an account of the personal representative’s administration:

(a)

Unless the court orders otherwise, annually within 60 days after the anniversary date of the personal representative’s appointment.

(b)

Within 30 days after the date of the personal representative’s resignation.

(c)

Within 30 days after the date of the personal representative’s removal or the revocation of the personal representative’s letters.

(d)

When the estate is ready for final settlement and distribution.

(e)

At such other times as the court may order.

(2)

Each account must include the following information:

(a)

The period of time covered by the account.

(b)

The total value of the property with which the personal representative is chargeable according to the inventory, or, if there was a prior account, the amount of the balance of the prior account.

(c)

All money and property received during the period covered by the account.

(d)

All disbursements made during the period covered by the account. Evidence of disbursements must accompany the account, unless otherwise provided by order or rule of the court, or unless the personal representative is a trust company that has complied with ORS 709.030 (Approval to transact trust business), but that personal representative shall:

(A)

Maintain the evidence of disbursement for a period of not less than one year following the date on which the order approving the final account is entered;

(B)

Permit interested persons to inspect the evidence of disbursement and receive copies of the evidence at their own expense at the place of business of the personal representative during the personal representative’s normal business hours at any time prior to the end of the one-year period following the date on which the order approving the final account is entered; and

(C)

Include in each annual account and in the final account a statement that the evidence of disbursement is not filed with the account but is maintained by the personal representative and may be inspected and copied as provided in subparagraph (B) of this paragraph.

(e)

The money and property of the estate on hand.

(f)

Any other information that the personal representative considers necessary to show the condition of the affairs of the estate or as the court may require.

(g)

A declaration under penalty of perjury in the form required by ORCP 1 E, or an unsworn declaration under ORS 194.800 (Short title) to 194.835 (Relation to Electronic Signatures in Global and National Commerce Act), if the declarant is physically outside the boundaries of the United States.

(3)

(a) Unless otherwise provided by order of the court, the personal representative may file a statement under this subsection in lieu of the account required under subsection (1)(a) or (b) of this section if the distributees consent in writing.

(b)

A statement under this subsection must include:

(A)

The period of time covered by the statement;

(B)

A description and statement of the value of the money and property on hand at the beginning and ending of the period of time covered by the statement;

(C)

A copy of the most recent statement received before the accounting for each financial account owned by the estate;

(D)

A list of the unpaid claims that are allowed or disputed, including the name of the creditor, a description of the claim, the amount of the claim, the priority of the claim under ORS 115.125 (Order of payment of expenses and claims) and the reason the claim has not been paid;

(E)

A statement describing why the estate is not ready for final settlement and distribution; and

(F)

A declaration under penalty of perjury in the form required by ORCP 1 E, or an unsworn declaration under ORS 194.800 (Short title) to 194.835 (Relation to Electronic Signatures in Global and National Commerce Act), if the declarant is physically outside the boundaries of the United States.

(c)

Upon filing a statement under this subsection, the personal representative shall mail a copy of the statement to each creditor of the estate whose claim has not been paid in full and is allowed or disputed. Within 30 days after the date of the mailing of the statement, a creditor entitled to receive the statement under this paragraph may, by written notice to the personal representative, require the personal representative to make and file an account of the personal representative’s administration under subsection (1) of this section within 30 days of the date of the creditor’s notice.

(4)

When the estate is ready for final settlement and distribution, the account must also include:

(a)

A statement that any required estate tax return has been filed.

(b)

A statement that all Oregon income taxes, estate taxes and personal property taxes that are due, if any, have been paid, or if not paid, that payment of those taxes has been secured by bond, deposit or otherwise, and that all tax returns currently due have been filed.

(c)

Any request to retain a reserve for the determination and payment of any additional taxes, interest and penalties, and of all related reasonable expenses.

(d)

A statement describing the determination of the compensation of the personal representative under the will or under ORS 113.038 (Request for different method of compensation of personal representative) or 116.173 (Compensation of personal representative) (3) and (4).

(e)

A petition for a judgment authorizing the personal representative to distribute the estate to the persons and in the portions specified in the judgment.

(5)

(a) The personal representative may file a statement under this subsection in lieu of the final account otherwise required by subsection (4) of this section if:

(A)

The distributees, other than distributees whose only distribution is a cash or specific bequest that will be paid or satisfied in full, consent in writing; and

(B)

All creditors of the estate, other than creditors owed administrative expenses that require court approval, have been paid in full.

(b)

A statement under this subsection must include:

(A)

The period of time covered by the statement.

(B)

A statement that all creditors of the estate, other than creditors owed administrative expenses that require court approval, have been paid in full.

(C)

The statement and petition and any request for a reserve under subsection (4) of this section.

(D)

A declaration under penalty of perjury in the form required by ORCP 1 E, or an unsworn declaration under ORS 194.800 (Short title) to 194.835 (Relation to Electronic Signatures in Global and National Commerce Act), if the declarant is physically outside the boundaries of the United States.

(6)

Notice of time for filing objections to the statement described in subsection (5) of this section is not required.

(7)

The Chief Justice of the Supreme Court may by rule specify the form and contents of accounts that must be filed by a personal representative. [1969 c.591 §175; 1973 c.506 §37; 1985 c.304 §1; 1995 c.453 §2; 1997 c.631 §405; 1999 c.592 §2; 2003 c.576 §375; 2005 c.22 §95; 2005 c.123 §1; 2007 c.284 §2; 2011 c.526 §19; 2013 c.218 §14; 2017 c.169 §33; 2019 c.414 §10]

Source

Last accessed
Jun. 26, 2021