113.035
Petition for appointment of personal representative and probate of will. Any interested person or the
person nominated as personal representative named in the will may petition for
the appointment of a personal representative and for the probate of a will. The
petition must include the following information, so far as known:
(1) The name,
age, domicile, post-office address and date and place of death of the decedent.
(2) Whether the
decedent died testate or intestate.
(3) The facts
relied upon to establish venue.
(4) The name and
post-office address of the person nominated as personal representative and the
facts that show the person is qualified to act.
(5) The names,
relationship to the decedent and post-office addresses of persons who are or
would be the heirs of the decedent upon the death of the decedent intestate,
and the ages of any who are minors.
(6) A statement
that reasonable efforts have been made to identify and locate all heirs of the
decedent. If the petitioner knows of any actual or possible omissions from the
list of heirs, the petition must include a statement indicating that there are
omissions from the information relating to heirs.
(7) If the
decedent died testate, the names and post-office addresses of the devisees, and
the ages of any who are minors. If the will devises property to a person who
did not survive the decedent or who is otherwise not entitled to receive the
devise, the petition must include a statement explaining why the devise failed.
If the petitioner knows of any actual or possible omissions from the list of
devisees, the petition must include a statement indicating that there are
omissions from the information relating to devisees.
(8) The name and
post-office address of any person asserting an interest in the estate, or on
whose behalf an interest has been asserted, based on a contention that:
(a) The will
alleged in the petition to be the will of the decedent is ineffective in whole
or part;
(b) There exists
a will that has not been alleged in the petition to be the will of the
decedent; or
(c) The decedent
agreed, promised or represented that the decedent would make or revoke a will
or devise, or not revoke a will or devise, or die intestate.
(9) The name and
post-office address of any person asserting an interest in the estate, or on
whose behalf an interest has been asserted, based on a contention that a parent
of the decedent willfully deserted the decedent or neglected without just and
sufficient cause to provide proper care and maintenance for the decedent, as
provided by ORS 112.047.
(10) Whether the
original of the last will of the decedent is in the possession of the court or
accompanies the petition. If the original will is not in the possession of the
court or accompanying the petition and an authenticated copy of the will probated
in another jurisdiction does not accompany the petition, the petition shall
also state the contents of the will and indicate that it is lost, destroyed or
otherwise unavailable and that it was not revoked.
(11) A statement
of the extent and nature of assets of the estate, if any, to enable the court
to set the amount of bond of the personal representative.
(12) If the
petition states that no assets of the estate are known to the petitioner under
subsection (11) of this section and the petition is not filed under ORS
114.453, a statement of the purpose for filing the petition.
(13) If the
petition is filed under ORS 114.453, a statement that the petitioner is filing
the petition for the sole purpose of pursuing a wrongful death claim, and the
other information required under ORS 114.453. [1969 c.591 §83; 1973 c.506 §19;
1991 c.704 §1; 2003 c.395 §10; 2005 c.741 §4; 2017 c.169 §7; 2019 c.414 §§1,1a]
Notes of Decisions
Cited in
22
cases (
7 in the last 5 years), 1976–2026 · leading case:
Waybrant v. Bernstein, 661 P.2d 931 (Or. 1983).
Waybrant v. Bernstein, 661 P.2d 931 (Or. 1983).
“ORS 113.035. The defendant was appointed the DeMary estate’s personal representative.”
Kuang v. Kuang, 336 Or. App. 168 (Or. Ct. App. 2024).
· cites it 2× “See ORS 113.035 (providing that “[a]ny interested person or the person nom- inated as personal representative named in the will may petition for the appointment of a personal representative”); ORS 113.”
Decker v. Wiman, 607 P.2d 1370 (Or. 1980).
· cites it 2× “See ORS 113.035. The petition must include, among other things, the names, addresses, and relationships of persons who are or would be the decedent’s heirs upon his death intestate, so far as known.”
Smith v. Wells, 876 P.2d 850 (Or. Ct. App. 1994).
· cites it 7× “ORS 113.035 requires anyone requesting the appointment of a personal representative to provide certain information, such as the name, address and social security number of the decedent, whether the decedent died testate, facts relied on to establish venue, the names and…”
Betz v. Ganos, 100 P.3d 756 (Or. Ct. App. 2004).
· cites it 5× “ORS 113.035 was amended by the 2003 Legislative Assembly to include an additional section.”
Schrei v. Frye, 548 P.2d 1001 (Or. Ct. App. 1976).
· cites it 3× “Frye filed with the court, in accordance with the terms of ORS 113.035, 1 a petition for the probate of the 1967 will and for her appointment as personal representative.”
State v. Cue, 342 P.3d 98 (Or. Ct. App. 2014).
· cites it 16× “ORS 113.035 describes those persons as follows: “the person nominated as personal representative,” ORS 113.”
In Re Complaint as to the Conduct of Tonkon, 642 P.2d 660 (Or. 1982).
“7 The complaint cited the following: ORS 113.035(5): “The names, relationship to the decedent and post-office addresses of persons who are or would be his heirs upon his death inteststate, and the ages of any who are minors.”
Lawver v. Lawvor, 740 P.2d 1220 (Or. Ct. App. 1987).
“*724 The fourth claim is that Beesley breached his fiduciary duty as personal representative, because he did not name plaintiffs in his petition for appointment, ORS 113.035, or give them the statutory notice that ORS 113.”
In re Ersoff, 375 Or. 43 (Or. 2026).
“See ORS 113.035(2), (10) (requiring a petition to appoint a personal representative to include, “so far as known,” information including “[w]hether the decedent died testate or intestate” and “[w]hether the original of the last will of the decedent is in the possession of the…”
Kuang v. Kuang, 336 Or. App. 168 (Or. Ct. App. 2024).
· cites it 2× “See ORS 113.035 (providing that “[a]ny interested person or the person nom- inated as personal representative named in the will may petition for the appointment of a personal representative”); ORS 113.”
Lawver v. Beesley, 740 P.2d 1215 (Or. Ct. App. 1987).
· cites it 3× “ORS 113.035. 3 Although Beesley *714 knew the names and addresses of petitioners, the petition did not name them as heirs of decedent.”
— Or. Rev. Stat. § 113.035(2) — 2 cases
In re Ersoff, 375 Or. 43 (Or. 2026).
“See ORS 113.035(2), (10) (requiring a petition to appoint a personal representative to include, “so far as known,” information including “[w]hether the decedent died testate or intestate” and “[w]hether the original of the last will of the decedent is in the possession of the…”
— Or. Rev. Stat. § 113.035(4) — 2 cases
State v. Cue, 342 P.3d 98 (Or. Ct. App. 2014).
“ORS 113.035 describes those persons as follows: “the person nominated as personal representative,” ORS 113.”
Smith v. Wells, 876 P.2d 850 (Or. Ct. App. 1994).
“ORS 113.035 requires anyone requesting the appointment of a personal representative to provide certain information, such as the name, address and social security number of the decedent, whether the decedent died testate, facts relied on to establish venue, the names and…”
— Or. Rev. Stat. § 113.035(5) — 3 cases
In Re Complaint as to the Conduct of Tonkon, 642 P.2d 660 (Or. 1982).
“7 The complaint cited the following: ORS 113.035(5): “The names, relationship to the decedent and post-office addresses of persons who are or would be his heirs upon his death inteststate, and the ages of any who are minors.”
Decker v. Wiman, 607 P.2d 1370 (Or. 1980).
“See ORS 113.035. The petition must include, among other things, the names, addresses, and relationships of persons who are or would be the decedent’s heirs upon his death intestate, so far as known.”
State v. Cue, 342 P.3d 98 (Or. Ct. App. 2014).
“ORS 113.035 describes those persons as follows: “the person nominated as personal representative,” ORS 113.”
— Or. Rev. Stat. § 113.035(7) — 1 case
State v. Cue, 342 P.3d 98 (Or. Ct. App. 2014).
“ORS 113.035 describes those persons as follows: “the person nominated as personal representative,” ORS 113.”
— Or. Rev. Stat. § 113.035(8) — 2 cases
Betz v. Ganos, 100 P.3d 756 (Or. Ct. App. 2004).
“ORS 113.035 was amended by the 2003 Legislative Assembly to include an additional section.”
State v. Cue, 342 P.3d 98 (Or. Ct. App. 2014).
“ORS 113.035 describes those persons as follows: “the person nominated as personal representative,” ORS 113.”
— Or. Rev. Stat. § 113.035(9) — 1 case
State v. Cue, 342 P.3d 98 (Or. Ct. App. 2014).
“ORS 113.035 describes those persons as follows: “the person nominated as personal representative,” ORS 113.”
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