Or. Rev. Stat. » Oregon Revised Statutes
Oregon Revised Statutes

Or. Rev. Stat. § 111.085 (2026)

Probate jurisdiction described

✓ current as of May 2026
Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      111.085 Probate jurisdiction described. (1) The jurisdiction of the probate court includes, but is not limited to:

      (a) Appointment and qualification of personal representatives.

      (b) Probate and contest of wills.

      (c) Determination of heirship.

      (d) Determination of title to, rights in and possession of property claimed by or against personal representatives, guardians and conservators.

      (e) Administration, settlement and distribution of estates of decedents.

      (f) Construction of wills, whether incident to the administration or distribution of an estate or as a separate proceeding.

      (g) Guardianships and conservatorships, including the appointment and qualification of guardians and conservators and the administration, settlement and closing of guardianships and conservatorships.

      (h) Supervision and disciplining of personal representatives, guardians and conservators.

      (i) If a testamentary trustee vacancy occurs during a probate proceeding and the will does not name a trustee or successor trustee who is able to serve, appointment of a testamentary trustee or successor testamentary trustee.

      (2) The distributees of an estate administered in Oregon are subject to the jurisdiction of the courts of Oregon regarding any matter involving the distributees’ interests in the estate. By accepting a distribution from an estate, the distributee submits personally to the jurisdiction of the courts of this state regarding any matter involving the estate.

      (3) This section does not preclude other methods of obtaining jurisdiction over a person to whom assets are distributed from an estate. [1969 c.591 §5; 1973 c.177 §1; 2017 c.169 §2; 2021 c.282 §5]

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1976–2025 · leading case: Hansen v. Bussman, 601 P.2d 794 (Or. 1979).
Sort: Relevance Newest Treatment
Hansen v. Bussman, 601 P.2d 794 (Or. 1979). · cites it 4× “07(2) of the Probate Court of Multnomah County, which was promulgated under the supervisory powers granted probate courts by ORS 111.085. [2] Rule 11.07(2) provided as follows: "A petition for an Order authorizing settlement of a personal injury claim of a minor will be…”
Sanok v. Grimes, 662 P.2d 693 (Or. 1983). “See ORS 111.085 (probate court jurisdiction).”
Iremonger v. Michelson, 775 P.2d 860 (Or. Ct. App. 1989). · cites it 2× “NOTES [1] ORCP 54 B(2) provides, in part: "After the plaintiff in an action tried by the court without a jury has completed the presentation of plaintiff's evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a…”
Generaux v. Dobyns, 134 P.3d 983 (Or. Ct. App. 2006). “055(1) (transferring probate jurisdiction to the circuit court in Lane and other counties); ORS 111.085 (stating that the jurisdiction of the probate courts “includes, but is not limited to” a variety of matters relating to wills, personal representatives, and trustees); see…”
In Re Complaint as to the Conduct of Altstatt, 897 P.2d 1164 (Or. 1995). “ORS 111.085(1), (5), (6), and (8). Throughout the administrative process, probate courts retain jurisdiction over the decedent’s property.”
In Re Complaint as to the Conduct of Walker, 647 P.2d 468 (Or. 1982). “ORS 111.085(8). The duty of the probate court, the personal representative and the personal representative’s lawyer is the same: to complete probate and close the estate as expeditiously as possible.”
Reynolds v. Givens, 695 P.2d 946 (Or. Ct. App. 1985). “ORS 111.085(4) provides that the probate court’s jurisdiction includes the “[determination of title to and rights in property claimed by or against personal representatives.”
Rawls v. Evans, 48 P.3d 159 (Or. Ct. App. 2002). “Under ORS 111.085(4), the jurisdiction of the trial court over probate matters includes the authority to determine title to and rights in property claimed by or against personal representatives.”
Est. of Anderson v. Dep't of Revenue, 6 Or. Tax 339 (Or. T.C. 1976). · cites it 2× “Defendant argued that the court’s decision necessarily would include the determination of title to and rights in property claimed by or against the personal representative —a power which, it is alleged, “is specifically reserved to probate jurisdiction by ORS 111.085; * *…”
Schaefer v. Schaefer, 52 P.3d 1125 (Or. Ct. App. 2002). “She cared for her collection of pets (many cats and a dog), handled her own finances with minimal assistance, did most of her own shopping and food preparation, and kept a neat house — albeit a foul-smelling one, owing apparently to the cats.”
Cotton v. Lansing, 344 Or. App. 276 (Or. Ct. App. 2025). · cites it 2× “5 ORS 111.085 was amended after the probate court administering Helen’s estate entered the Judgment of Final Distribution, but because those amend- ments do not affect our analysis, we have quoted the current version of ORS 111.”
Roley v. Sammons, 170 P.3d 1067 (Or. Ct. App. 2007). · cites it 3× “ORS 111.085(6) also provides that the jurisdiction of the probate court includes “[c]onstruction of wills, whether incident to the administration or distribution of an estate or as a separate proceeding.”
Show all 15 citing cases →
— Or. Rev. Stat. § 111.085(1) — 1 case
In Re Complaint as to the Conduct of Altstatt, 897 P.2d 1164 (Or. 1995). “ORS 111.085(1), (5), (6), and (8). Throughout the administrative process, probate courts retain jurisdiction over the decedent’s property.”
— Or. Rev. Stat. § 111.085(4) — 2 cases
Reynolds v. Givens, 695 P.2d 946 (Or. Ct. App. 1985). “ORS 111.085(4) provides that the probate court’s jurisdiction includes the “[determination of title to and rights in property claimed by or against personal representatives.”
Rawls v. Evans, 48 P.3d 159 (Or. Ct. App. 2002). “Under ORS 111.085(4), the jurisdiction of the trial court over probate matters includes the authority to determine title to and rights in property claimed by or against personal representatives.”
— Or. Rev. Stat. § 111.085(5) — 2 cases
Vermeer v. Bunyard, 695 P.2d 57 (Or. Ct. App. 1985).
Plue v. Hill, 666 P.2d 835 (Or. Ct. App. 1983).
— Or. Rev. Stat. § 111.085(6) — 1 case
Roley v. Sammons, 170 P.3d 1067 (Or. Ct. App. 2007). “ORS 111.085(6) also provides that the jurisdiction of the probate court includes “[c]onstruction of wills, whether incident to the administration or distribution of an estate or as a separate proceeding.”
— Or. Rev. Stat. § 111.085(7) — 2 cases
Iremonger v. Michelson, 775 P.2d 860 (Or. Ct. App. 1989). “NOTES [1] ORCP 54 B(2) provides, in part: "After the plaintiff in an action tried by the court without a jury has completed the presentation of plaintiff's evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a…”
Schaefer v. Schaefer, 52 P.3d 1125 (Or. Ct. App. 2002). “She cared for her collection of pets (many cats and a dog), handled her own finances with minimal assistance, did most of her own shopping and food preparation, and kept a neat house — albeit a foul-smelling one, owing apparently to the cats.”
— Or. Rev. Stat. § 111.085(8) — 2 cases
In Re Complaint as to the Conduct of Walker, 647 P.2d 468 (Or. 1982). “ORS 111.085(8). The duty of the probate court, the personal representative and the personal representative’s lawyer is the same: to complete probate and close the estate as expeditiously as possible.”
Roley v. Sammons, 170 P.3d 1067 (Or. Ct. App. 2007). “ORS 111.085(6) also provides that the jurisdiction of the probate court includes “[c]onstruction of wills, whether incident to the administration or distribution of an estate or as a separate proceeding.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.