ORS 116.213
Discharge of personal representative

Upon the filing of receipts or other evidence satisfactory to the court that distribution has been made as ordered in the general judgment, the court shall enter a supplemental judgment of discharge. Except as provided in ORS 115.004 (Recovery for failure to make search or give notice), the discharge so entered operates as a release of the personal representative from further duties and as a bar to any action against the personal representative and the surety of the personal representative. The court may, in its discretion and upon such terms as may be just, within one year after entry of the supplemental judgment of discharge, permit an action to be brought against the personal representative and the surety of the personal representative if the supplemental judgment of discharge was taken through fraud or misrepresentation of the personal representative or the surety of the personal representative or through the mistake, inadvertence, surprise or excusable neglect of the claimant. [1969 c.591 §188; 1989 c.229 §9; 2003 c.576 §379]

Source: Section 116.213 — Discharge of personal representative, https://www.­oregonlegislature.­gov/bills_laws/ors/ors116.­html.

Law Review Citations

26 WLR 281, 285 (1990)

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
Green check means up to date. Up to date

Current through early 2024

§ 116.213’s source at oregon​.gov