113.085
Preference in appointing personal representative. (1) Except as provided in
subsection (3) of this section, upon the filing of the petition under ORS
113.035, if there is no will or if there is a will and it has been proved, the
court shall appoint a qualified person the court finds suitable as personal
representative, giving preference in the following order:
(a) The personal
representative named in the will.
(b) If the
surviving spouse of the decedent is a distributee of the estate, the surviving
spouse of the decedent or the nominee of the surviving spouse of the decedent.
(c) If the person
is a distributee of the estate, a person who would be entitled to property of
the decedent under intestate succession.
(d) Any other
distributee of the estate.
(e) The Director
of Human Services or the Director of the Oregon Health Authority, or an
attorney approved under ORS 113.086, if the decedent received public assistance
as defined in ORS 411.010, received medical assistance as defined in ORS
414.025 or received care at an institution described in ORS 179.321 (1) and it
appears that the assistance or the cost of care may be recovered from the
estate of the decedent.
(f) The
Department of Veterans’ Affairs, if the decedent was a protected person under
ORS 406.050 (10) and the department has joined in the petition for such
appointment.
(g) Any other
person.
(2) Before the
court appoints a personal representative under subsection (1)(b) to (g) of this
section, the court may require the petitioner to make a reasonable attempt to
notify persons of higher priority than the proposed personal representative
under subsection (1)(b) to (g) of this section.
(3) Except as
provided in subsection (4) of this section, the court shall appoint the State
Treasurer as personal representative if it appears that the decedent died
wholly intestate and without known heirs. The Attorney General shall represent
the State Treasurer in the administration of the estate. The State Treasurer
shall deposit any funds received by the State Treasurer in the capacity of
personal representative in accounts, separate and distinct from the General
Fund, established in the State Treasury. Interest earned by such account shall
be credited to that account.
(4) The court may
appoint a person other than the State Treasurer to administer the estate of a
decedent who died wholly intestate and without known heirs if the person filing
a petition under ORS 113.035 attaches written authorization from the State Treasurer
approving the filing of the petition by the person. Except as provided by rule
adopted by the State Treasurer, the State Treasurer may consent to the
appointment of another person to act as personal representative only if it
appears after investigation that the estate is insolvent. [1969 c.591 §88; 1971
c.421 §1; 1971 c.675 §1; 1973 c.370 §1; 1987 c.158 §17a; 1987 c.425 §1; 1989
c.966 §2; 1995 c.106 §2; 2001 c.102 §3; 2001 c.900 §15; 2003 c.395 §12; 2005
c.381 §20; 2005 c.625 §56; 2009 c.595 §76; 2009 c.602 §2; 2009 c.828 §7; 2011
c.720 §57; 2013 c.36 §33; 2013 c.688 §14; 2015 c.381 §5; 2017 c.169 §13; 2019
c.678 §34]
Notes of Decisions
Cited in
13
cases (
4 in the last 5 years), 1976–2024 · leading case:
Est. of Booker, 557 P.2d 248 (Or. Ct. App. 1976).
Est. of Booker, 557 P.2d 248 (Or. Ct. App. 1976).
· cites it 2× “NOTES [1] ORS 113.085 provides in relevant part that upon the filing of an appropriate petition the probate court shall appoint "* * * a qualified person it finds suitable as personal representative, giving preference * * * "* * * * * "(b) [t]o the surviving spouse of the…”
Wharff v. Rohrback, 952 P.2d 87 (Or. Ct. App. 1998).
“Respondent argues, nevertheless, that she is the statutorily preferred personal representative, ORS 113.085(1), and that the costs to the estate from her removal would exceed any benefit — i.”
Matter of Est. of Davis, 640 P.2d 692 (Or. Ct. App. 1982).
“Petitioner sought appointment as personal representative to administer the intestate estate of her deceased husband, contending she is entitled to preference in appointment under ORS 113.085. The trial court held that her marriage to decedent was void, because decedent was still…”
Kuang v. Kuang, 336 Or. App. 168 (Or. Ct. App. 2024).
“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 113.085 (“[U]pon the filing of the petition under ORS 113.”
Matter of Est. of Vander Galien, 614 P.2d 127 (Or. Ct. App. 1980).
· cites it 2× “The record discloses sufficient evidence that a conflict 1 is likely to arise between the interest of mother in her personal capacity and the interest of the estate and wife as heir, which, coupled with wife’s statutory preference (ORS 113.085), 2 justifies the removal of mother…”
Warkentin v. Shirey, 480 P.3d 289 (Or. Ct. App. 2020).
· cites it 3× “195, which provides the statutory bases for removal of a personal representative. During the hearing on the removal petition, the probate court inquired what authority it had to remove a personal representative: “Let’s assume for a moment that the Court did something that as it…”
Dahlton v. Kyser, 513 P.3d 598 (Or. 2022).
“ORS 113.085(1) (listing the preferred individuals who may be appointed as personal representative and prefer- ring a distributee of the estate over a nondistributee of the estate).”
Holst v. Purdy, 844 P.2d 229 (Or. Ct. App. 1992).
“If Purdy’s allegations are true, respondent may be removed as personal representative and trustee.”
Kuang v. Kuang, 336 Or. App. 168 (Or. Ct. App. 2024).
“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 113.085 (“[U]pon the filing of the petition under ORS 113.”
Matter of Est. of Steinberg, 578 P.2d 487 (Or. Ct. App. 1978).
“1 ORS 113.085(1) provides in relevant part that upon the filing of an appropriate petition the probate court shall appoint "* * * a qualified person it finds suitable as personal representative, giving preference * * * 5j! 5f! :}! "(b) [t]o the surviving spouse of the decedent *…”
State v. Cue, 342 P.3d 98 (Or. Ct. App. 2014).
“ORS 113.085. The personal representative’s responsibilities include, among other things, sending specified information to certain persons who might have an interest in the probate proceedings and administration of the decedent’s will.”
Crittenden v. Hanna, 562 P.2d 609 (Or. Ct. App. 1977).
· cites it 3× “The deceased died intestate and respondent was appointed personal representative pursuant to ORS 113.085. Petitioner, son of the deceased, alleges that respondent was not the husband of the deceased because the marriage between respondent and the deceased was void, that…”
— Or. Rev. Stat. § 113.085(1) — 4 cases
Wharff v. Rohrback, 952 P.2d 87 (Or. Ct. App. 1998).
“Respondent argues, nevertheless, that she is the statutorily preferred personal representative, ORS 113.085(1), and that the costs to the estate from her removal would exceed any benefit — i.”
Est. of Booker, 557 P.2d 248 (Or. Ct. App. 1976).
“NOTES [1] ORS 113.085 provides in relevant part that upon the filing of an appropriate petition the probate court shall appoint "* * * a qualified person it finds suitable as personal representative, giving preference * * * "* * * * * "(b) [t]o the surviving spouse of the…”
Dahlton v. Kyser, 513 P.3d 598 (Or. 2022).
“ORS 113.085(1) (listing the preferred individuals who may be appointed as personal representative and prefer- ring a distributee of the estate over a nondistributee of the estate).”
Matter of Est. of Steinberg, 578 P.2d 487 (Or. Ct. App. 1978).
“1 ORS 113.085(1) provides in relevant part that upon the filing of an appropriate petition the probate court shall appoint "* * * a qualified person it finds suitable as personal representative, giving preference * * * 5j! 5f! :}! "(b) [t]o the surviving spouse of the decedent *…”
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.