Limitations of Actions and Suits

ORS 12.190
Effect of death on limitations


(1)

If a person entitled to bring an action dies before the expiration of the time limited for its commencement, an action may be commenced by the personal representative of the person after the expiration of that time, and within one year after the death of the person.

(2)

If a person against whom an action may be brought dies before the expiration of the time limited for its commencement, an action may be commenced against the personal representative of the person after the expiration of that time, and within one year after the death of the person. [Amended by 1969 c.591 §268]

Notes of Decisions

Sixty-day service period following filing date can extend "time limited for commencement" of action beyond statute of limitations period. Mitchell v. Harris, 123 Or App 424, 859 P2d 1196 (1993)

Where small estate was distributed to claiming successor without appointment of personal representative, service on claiming successor could not substitute for service on personal representative. Wheeler v. Williams, 136 Or App 1, 900 P2d 1076 (1995), Sup Ct review denied

Where person dies while having right to bring action for personal injury, time limit for personal representative to bring personal injury suit on behalf of estate is governed by ORS 30.075 instead of this section. Giulietti v. Oncology Associates of Oregon, 178 Or App 260, 36 P3d 510 (2001)

Chapter 12

Notes of Decisions

An action for personal injuries caused by breach of implied warranty is clearly one for which "different limitation is prescribed by statute" under ORS 12.010 and thus is not governed by provisions of this chapter. Redfield v. Mead, Johnson & Co., 266 Or 273, 512 P2d 776 (1973)


Source

Last accessed
Jun. 26, 2021