113.095
Persons not qualified to act as personal representatives. A person is not qualified to act
as personal representative if the person is:
(1) Incapacitated
or financially incapable, as those terms are defined in ORS 125.005.
(2) A minor.
(3) A person
suspended for misconduct or disbarred from the practice of law, during the
period of suspension or disbarment.
(4) A person who
has resigned from the Oregon State Bar when charges of professional misconduct
are under investigation or when disciplinary proceedings are pending against
the person, until the person is reinstated.
(5) A licensed
funeral service practitioner unless the decedent was:
(a) A relative of
the licensed funeral service practitioner; or
(b) A licensed
funeral service practitioner who was a partner, employee or employer in the
practice of the licensed funeral service practitioner who is petitioning for
appointment as personal representative. [1969 c.591 §89; 1973 c.308 §1; 1973
c.506 §24; 1975 c.781 §6; 1993 c.287 §1; 2001 c.779 §11; 2003 c.14 §43; 2017
c.169 §14]
Notes of Decisions
Shaughnessy v. Spray, 637 P.2d 182 (Or. Ct. App. 1981).
· cites it 2× “But even if we pass that problem, the statutory beneficiaries could have anyone, not disqualified under ORS 113.095, appointed who has no knowledge of the defendant's negligence in causing the decedent's death.”
In Re Complaint as to the Conduct of Harris, 49 P.3d 778 (Or. 2002).
“The accused asserts, however, that disbarment is inherently infamous and, in addition, that its infamous nature is evidenced by ORS 113.095, which prohibits a disbarred lawyer from acting as a personal representative.”
Warkentin v. Shirey, 480 P.3d 289 (Or. Ct. App. 2020).
“195 provides the only statutory authority for removal of a personal repre- sentative. ORS 113.195 provides that removal of a personal representative is appropriate, “(1) [w]hen a personal representative ceases to be qualified as provided in ORS 113.”
Roley v. Sammons, 170 P.3d 1067 (Or. Ct. App. 2007).
“195(1) requires removal when the personal representative “ceases to be qualified as provided in ORS 113.095, or becomes incapable of discharging duties.”
Crittenden v. Hanna, 562 P.2d 609 (Or. Ct. App. 1977).
· cites it 4× “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 respondent is not qualified as a personal representative under ORS 113.095 and that respondent is a slayer within…”
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