113.075 Will
contest. (1) Any
interested person may contest the probate of the will or the validity of the
will or assert an interest in the estate for the reason that:
(a) The will
alleged in the petition for probate 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.
(2) An action
described in subsection (1) of this section must be commenced by the filing of
a petition in the probate proceedings, except that an action described in
subsection (1)(c) of this section may be commenced by the filing of a separate
action in any court of competent jurisdiction.
(3) An action
described in subsection (1) of this section must be commenced before the later
of:
(a) Four months
after the date of delivery or mailing of the information described in ORS
113.145 if that information was required to be delivered or mailed to the
person on whose behalf the action under subsection (1) of this section is
filed; or
(b) Four months
after the date of publication of notice to interested persons if the person on
whose behalf the action under subsection (1) of this section is filed was not
required to be named in the petition for probate as an interested person.
(4)(a) A person
who commences an action under subsection (1) of this section shall give notice
of the action to heirs and devisees identified in the petition for probate or
amended petition for probate, and to the State Treasurer if the personal
representative has delivered or mailed information to the State Treasurer under
ORS 113.045.
(b) If any
devisee under the contested will is a charitable trust as described in ORS
130.170, a public benefit corporation as defined in ORS 65.001 or a religious
organization, a person who commences an action under subsection (1) of this
section shall give notice to the Attorney General of the action.
(5) A cause of
action described in subsection (1)(c) of this section may not be presented as a
claim under ORS chapter 115. [1969 c.591 §87; 1973 c.506 §23; 1991 c.704 §2;
2017 c.169 §12; 2019 c.678 §33; 2023 c.18 §5]
113.080 [Repealed by 1969 c.591 §305]
Notes of Decisions
Cited in
13
cases, 1976–2017 · leading case:
Allen v. Hall, 974 P.2d 199 (Or. 1999).
Allen v. Hall, 974 P.2d 199 (Or. 1999).
· cites it 2× “270 (requiring written evidence of any contract to create, revoke or not make a will); ORS 112.”
Johnstone v. Zimmer, 81 P.3d 92 (Or. Ct. App. 2003).
“ORS 113.075 provides specific grounds upon which a person may contest a will: “(1) Any interested person may contest the probate of the will or the validity of the will or assert an interest in the estate for the reason that: “(a) The will alleged in the petition to be the will…”
Price v. Lotlikar, 397 P.3d 54 (Or. Ct. App. 2017).
“To the contrary, the legislative history of the related provision of the code regarding will contests, section 98 (later enacted as ORS 113.075), confirms that the drafters were not making such a sweeping change.”
Betz v. Ganos, 100 P.3d 756 (Or. Ct. App. 2004).
· cites it 5× “Respondents also moved to dismiss the will contest under ORCP 21 A(9), arguing that petitioner’s claim was time-barred because she filed her petition outside the four-month limitation period established for will contests under ORS 113.075(3). On January 14, 2003, the trial court…”
West v. White, 758 P.2d 424 (Or. Ct. App. 1988).
“Pursuant to ORS 113.075, contestants objected to the probate of the will.”
Harris v. Jourdan, 180 P.3d 119 (Or. Ct. App. 2008).
· cites it 3× “Accordingly, we express no opinion in this case as to whether the August 2003 will was the product of her undue influence or would otherwise be susceptible to a will contest pursuant to ORS 113.075.”
Schrei v. Frye, 548 P.2d 1001 (Or. Ct. App. 1976).
“in the petition for appointment of a personal representative, at the addresses therein shown, information that shall include: "(a) The title of the court in which the estate proceeding is pending and the clerk’s file number; "(b) The name of the decedent and the place and date…”
McGilvray v. Martin, 618 P.2d 1287 (Or. Ct. App. 1980).
· cites it 3× “ORS 113.075 provides: "When a will has been admitted to probate, any interested person may, at any time within four months after the date of the filing of the affidavit under ORS 113.”
State v. Cue, 342 P.3d 98 (Or. Ct. App. 2014).
· cites it 4× “035(8), a statement that the rights of the person in the estate may be barred unless the person proceeds as provided in ORS 113.075 within four months of the delivery or mailing of the information; and “(h) If information under this section is required to be delivered or mailed…”
Martin v. Kenworthy, 759 P.2d 335 (Or. Ct. App. 1988).
“ORS 113.075. 2 Defendant asserted the limitation in an ORCP 21A motion and raises the denial of that motion as an alternative ground on which to uphold the judgment.”
Lawver v. Beesley, 740 P.2d 1215 (Or. Ct. App. 1987).
“ORS 113.075 provides: “When a will has been admitted to probate, any interested person may, at any time within four months after the date of the filing of the affidavit under ORS 113.”
Est. of Whitlatch v. Richardson, 783 P.2d 46 (Or. Ct. App. 1989).
· cites it 2× “035, and contested by Marie only pursuant to ORS 113.075. The trial court’s judgment denies admission of the will but treats the dispute as a will contest.”
— Or. Rev. Stat. § 113.075(1) — 3 cases
Allen v. Hall, 974 P.2d 199 (Or. 1999).
“270 (requiring written evidence of any contract to create, revoke or not make a will); ORS 112.”
Harris v. Jourdan, 180 P.3d 119 (Or. Ct. App. 2008).
“Accordingly, we express no opinion in this case as to whether the August 2003 will was the product of her undue influence or would otherwise be susceptible to a will contest pursuant to ORS 113.075.”
State v. Cue, 342 P.3d 98 (Or. Ct. App. 2014).
“035(8), a statement that the rights of the person in the estate may be barred unless the person proceeds as provided in ORS 113.075 within four months of the delivery or mailing of the information; and “(h) If information under this section is required to be delivered or mailed…”
— Or. Rev. Stat. § 113.075(3) — 1 case
Betz v. Ganos, 100 P.3d 756 (Or. Ct. App. 2004).
“Respondents also moved to dismiss the will contest under ORCP 21 A(9), arguing that petitioner’s claim was time-barred because she filed her petition outside the four-month limitation period established for will contests under ORS 113.075(3). On January 14, 2003, the trial court…”
— Or. Rev. Stat. § 113.075(3)(b) — 1 case
Betz v. Ganos, 100 P.3d 756 (Or. Ct. App. 2004).
“Respondents also moved to dismiss the will contest under ORCP 21 A(9), arguing that petitioner’s claim was time-barred because she filed her petition outside the four-month limitation period established for will contests under ORS 113.075(3). On January 14, 2003, the trial court…”
— Or. Rev. Stat. § 113.075(l)(a) — 2 cases
Allen v. Hall, 974 P.2d 199 (Or. 1999).
“270 (requiring written evidence of any contract to create, revoke or not make a will); ORS 112.”
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