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Oregon Revised Statutes

Or. Rev. Stat. § 111.105 (2026)

Appeals from probate court; reexamination of issues

✓ current as of May 2026
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      111.105 Appeals from probate court; reexamination of issues. (1) Except as otherwise provided in this section, no issue determined in a probate court exercising probate jurisdiction shall be tried again on appeal or otherwise reexamined in a manner other than those appropriate to issues determined by a court of record with general jurisdiction.

      (2) Appeals from a circuit court exercising probate jurisdiction shall be taken to the Court of Appeals in the manner provided by law for appeals from the circuit court.

      (3) Appeals from a county court exercising probate jurisdiction shall be taken to the circuit court and Court of Appeals in the manner provided by ORS 5.120. [1969 c.591 §7; 1979 c.284 §103; 2021 c.282 §7]

 

      111.110 [Repealed by 1969 c.591 §305]

Notes of Decisions
Cited in 18 cases, 1975–2019 · leading case: Sanders v. United States Nat'l Bank, 694 P.2d 548 (Or. Ct. App. 1985).
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Sanders v. United States Nat'l Bank, 694 P.2d 548 (Or. Ct. App. 1985). · cites it 5× “Some random examples: ORS 111.105(1) was amended to delete the words, "in law and equity" as applied to probate courts.”
Goeddertz v. Parchen, 701 P.2d 781 (Or. 1985). · cites it 2× “" To the best that we are able to determine from the probate file in this case, no decree of final distribution has been entered. The threshold question is whether either document from which appeal was taken is a judgment, decree or appealable order.”
Waybrant v. Bernstein, 661 P.2d 931 (Or. 1983). “See ORS 111.105(2). ORS 19.010(2) provides that certain orders, not otherwise final judgments, are appealable.”
Springer v. Gollyhorn, 934 P.2d 501 (Or. Ct. App. 1997). · cites it 2× “ORS 111.105(2). ORS 19.010 specifies what lower court determinations are appealable.”
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…”
Matter of Nesbitt, 541 P.2d 1055 (Or. Ct. App. 1975). “275 * * ORS 111.105(1) provides in relevant part that where an appeal is taken to this court from a circuit court sitting in probate “* * # no issue * * * shall be tried again on appeal or otherwise reexamined in a manner other than those appropriate to issues determined by a…”
Smith v. Caldwell, 71 P.3d 584 (Or. Ct. App. 2003). “ORS 111.105(2); Goeddertz, 299 Or at 279 .”
Culver v. Deaver (In re Est. of Boysen), 441 P.3d 633 (Or. Ct. App. 2019). “Because we conclude that the probate court did not base its decision on decedent's intent at the time she created the writing, we vacate and remand *634 to the probate court to make that determination. Declining appellants' request for de novo review, we review for legal error…”
Harris v. Jourdan, 180 P.3d 119 (Or. Ct. App. 2008). · cites it 2× “” ORS 111.105 was enacted in 1969 and was subsequently amended in 1979 (like many other statutes) to eliminate references to law and equity.”
Smith v. Wells, 876 P.2d 850 (Or. Ct. App. 1994). “010; ORS 111.105. Plaintiff and Paul Fleming were involved in an automobile accident on November 14,1989.”
Ornduff v. Bjork, 786 P.2d 1284 (Or. Ct. App. 1990). “We review de novo 1 ORS 111.105. The abuse of his daughter occurred while father was home alone with the children.”
Bigsby v. Vogel, 273 P.3d 284 (Or. Ct. App. 2012). “1 ORS 111.105(2) (“Appeals from a circuit court sitting in probate shall be taken to the Court of Appeals in the manner provided by law for appeals from the circuit court.”
Show all 18 citing cases →
— Or. Rev. Stat. § 111.105(1) — 3 cases
Sanders v. United States Nat'l Bank, 694 P.2d 548 (Or. Ct. App. 1985). “Some random examples: ORS 111.105(1) was amended to delete the words, "in law and equity" as applied to probate courts.”
Matter of Nesbitt, 541 P.2d 1055 (Or. Ct. App. 1975). “275 * * ORS 111.105(1) provides in relevant part that where an appeal is taken to this court from a circuit court sitting in probate “* * # no issue * * * shall be tried again on appeal or otherwise reexamined in a manner other than those appropriate to issues determined by a…”
Harris v. Jourdan, 180 P.3d 119 (Or. Ct. App. 2008). “” ORS 111.105 was enacted in 1969 and was subsequently amended in 1979 (like many other statutes) to eliminate references to law and equity.”
— Or. Rev. Stat. § 111.105(2) — 10 cases
Goeddertz v. Parchen, 701 P.2d 781 (Or. 1985). “" To the best that we are able to determine from the probate file in this case, no decree of final distribution has been entered. The threshold question is whether either document from which appeal was taken is a judgment, decree or appealable order.”
Waybrant v. Bernstein, 661 P.2d 931 (Or. 1983). “See ORS 111.105(2). ORS 19.010(2) provides that certain orders, not otherwise final judgments, are appealable.”
Springer v. Gollyhorn, 934 P.2d 501 (Or. Ct. App. 1997). “ORS 111.105(2). ORS 19.010 specifies what lower court determinations are appealable.”
Smith v. Caldwell, 71 P.3d 584 (Or. Ct. App. 2003). “ORS 111.105(2); Goeddertz, 299 Or at 279 .”
Culver v. Deaver (In re Est. of Boysen), 441 P.3d 633 (Or. Ct. App. 2019). “Because we conclude that the probate court did not base its decision on decedent's intent at the time she created the writing, we vacate and remand *634 to the probate court to make that determination. Declining appellants' request for de novo review, we review for legal error…”
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