ORS 116.323
Apportionment proceedings

  • equitable apportionment
  • penalties and interest
  • court determination

(1)

The court in which the administration of the estate is proceeding may on petition for the purpose determine the apportionment of the tax.

(2)

If the court finds that it is inequitable to apportion interest and penalties in the manner provided in ORS 116.313 (Apportionment among interested persons) because of special circumstances, it may direct apportionment thereof in the manner it finds equitable.

(3)

If the court finds that the assessment of penalties and interest assessed in relation to the tax is due to delay caused by the negligence of the personal representative, the court may charge the personal representative with the amount of the assessed penalties and interest.

(4)

In any suit or judicial proceeding to recover from any person interested in the estate the amount of the tax apportioned to the person in accordance with ORS 116.303 (Definitions for ORS 116.303 to 116.383) to 116.383 (Construction), the determination of the probate court in respect thereto is prima facie correct. [1969 c.591 §196]

Source: Section 116.323 — Apportionment proceedings; equitable apportionment; penalties and interest; court determination, https://www.­oregonlegislature.­gov/bills_laws/ors/ors116.­html.

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

§ 116.323’s source at oregon​.gov