Uniform Trust Code

ORS 130.355
Commencement of proceeding


At any time after the death of a settlor of a trust described in ORS 130.350 (Statute of limitations) (2), a trustee of the trust may petition the probate court to determine the claims of creditors of the settlor. A petition under this section must include all of the following information to the extent known by the trustee:


The settlor’s name, the settlor’s date of birth, the settlor’s date and place of death and the last four digits of the settlor’s Social Security number.


The name of the trustee.


The address at which claims must be presented.


The name of the trust, if any, and the date of the trust, including the dates of any amendments.


The facts establishing venue in the county where the petition is being filed.


The clerk of the court shall charge and collect in advance from the trustee the filing fee required from a plaintiff under ORS 21.135 (Standard filing fee).


A proceeding under this section may be brought only:


In the county where the settlor had domicile or a place of abode at the time of death;


In any county where assets of the trust were located at the time of death or are located at the time the proceeding is commenced; or


In the county where the settlor died.


The court has personal jurisdiction over a trustee that files a petition under this section, whether the trustee is a resident or nonresident of this state, for the purposes of any proceeding relating to the trust that may be instituted by an interested person. [Formerly 128.258; 2009 c.363 §1; 2010 c.107 §§43,44; 2011 c.595 §131]
Chapter 130

Law Review Citations

42 WLR 187 (2006)


Last accessed
Jun. 26, 2021