113.145
Information to devisees, heirs, interested persons, Department of Human
Services and Oregon Health Authority.
(1) Upon appointment a personal representative shall deliver or mail to the
devisees, heirs and the persons described in ORS 113.035 (8) and (9) who were
required to be named in the petition for appointment of a personal
representative, at the addresses shown in the petition, information that must
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 of the death of the decedent;
(c) Whether or
not a will of the decedent has been admitted to probate;
(d) The name and
address of the personal representative and the attorney of the personal
representative;
(e) The date of
the appointment of the personal representative;
(f) A statement
advising the devisee, heir or other interested person that the rights of the
devisee, heir or other interested person may be affected by the proceeding and
that additional information may be obtained from the records of the court, the
personal representative or the attorney for the personal representative;
(g) If
information under this section is required to be delivered or mailed to a
person described in ORS 113.035 (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 to a
person described in ORS 113.035 (9), a statement that the rights of the person
in the estate may be barred unless the person proceeds as provided in ORS
112.049 within four months of the delivery or mailing of the information.
(2) If the
personal representative is a devisee, heir or other interested person named in
the petition the personal representative is not required to deliver or mail the
information under this section to the personal representative.
(3) The failure
of the personal representative to give information under this section is a
breach of duty to the persons concerned, but does not affect the validity of
the personal representative’s appointment, duties or powers or the exercise of
duties or powers.
(4) Within 30
days after the date of appointment a personal representative shall cause to be
filed in the estate proceeding proof of the delivery or mailing required by
this section or a waiver of notice as provided under ORS 111.225. The proof
must include a copy of the information delivered or mailed and the names of the
persons to whom it was delivered or mailed.
(5) If before the
filing of the final account the personal representative has actual knowledge
that the petition did not include the name and address of any person described
in ORS 113.035 (4), (5), (7), (8) or (9), the personal representative shall:
(a) Make
reasonable efforts under the circumstances to ascertain each of those names and
addresses;
(b) Promptly
deliver or mail information specified in subsection (1) of this section to each
of those persons located after the filing of the petition and before the filing
of the final account; and
(c) File in the
estate proceeding, on or before filing the final account under ORS 116.083,
proof of compliance with this subsection or a waiver of notice as provided
under ORS 111.225.
(6) Within 30
days after the appointment of a personal representative, the personal
representative must mail or deliver the information specified in subsection (1)
of this section and a copy of the death record of the decedent to the
Department of Human Services and the Oregon Health Authority or as otherwise
provided by rule adopted by the department and the authority. [1969 c.591 §94;
1973 c.506 §25; 1991 c.704 §3; 2001 c.620 §1; 2003 c.14 §44; 2003 c.395 §26;
2005 c.741 §5; 2007 c.284 §10; 2009 c.595 §78; 2011 c.720 §58; 2013 c.366 §59;
2017 c.169 §50]
113.150 [Repealed by 1969 c.591 §305]
Notes of Decisions
Cited in
13
cases, 1976–2014 · leading case:
Lawver v. Lawvor, 740 P.2d 1220 (Or. Ct. App. 1987).
Lawver v. Lawvor, 740 P.2d 1220 (Or. Ct. App. 1987).
· cites it 5× “035, or give them the statutory notice that ORS 113.145 requires. 4 Plaintiffs allege that, as a result of Beesley’s breaches of duty, they lost the opportunity to contest the will, that a contest would have been successful and that they suffered substantial damages, including…”
Eddy v. Eddy, 770 P.2d 969 (Or. Ct. App. 1989).
· cites it 4× “However, we need not decide if notice was actually given because, even if defendant failed to provide notice as required by ORS 113.”
In Re Complaint as to the Conduct of Gresham, 864 P.2d 360 (Or. 1993).
· cites it 2× “He failed to comply with the requirements of law, such as delivering information to the devisees and heirs, ORS 113.145(1), filing proof of delivery, ORS 113.”
State v. Cue, 342 P.3d 98 (Or. Ct. App. 2014).
· cites it 30× “Two statutes that set forth those duties, ORS 113.145 and ORS 115.003, are at issue in this case.”
Lawver v. Beesley, 740 P.2d 1215 (Or. Ct. App. 1987).
· cites it 18× “Beesley did not provide information to devisees and heirs as required by ORS 113.145 4 and did not publish a notice to interested persons as *715 required by ORS 113.”
Schrei v. Frye, 548 P.2d 1001 (Or. Ct. App. 1976).
· cites it 3× “On March 25, 1975, nearly four months after being notified of the entry of this order pursuant *194 to ORS 113.145, 2 Suzanne Schrei filed her own petition seeking to "set aside” the 1967 will and to have the 1973 will "substituted” as the decedent’s last will and testament.”
In Re Complaint as to the Conduct of Tonkon, 642 P.2d 660 (Or. 1982).
“” ORS 113.145(1): “Upon his appointment a personal representative shall deliver or mail to the devisees and heirs named in the petition for appointment of a personal representative, at the addresses therein shown, information that shall include: Canon 1: “A lawyer should Assist…”
In Re Complaint as to the Conduct of Miller, 801 P.2d 814 (Or. 1990).
““After undertaking to represent the personal representative, the accused failed to timely send the required notice and proof of service, thereof, of the information to the heirs of the Hardy Estate as required by ORS 113.145. In addition, the accused failed to timely file the…”
Betz v. Ganos, 100 P.3d 756 (Or. Ct. App. 2004).
· cites it 2× “On March 14, 2002, respondents sent notice to Wanda’s heirs and devisees pursuant to ORS 113.145. Pursuant to ORS 113.155, notice to unknown interested parties was published on February 27, March 6, and March 13,2002.”
Smith v. Lovejoy, 552 P.2d 606 (Or. Ct. App. 1976).
“Although he knew that Sister Cantera was the sole devisee of Lucy Smith’s will as trustee for the children, he failed to provide her with written notice of the commencement of the probate proceedings and file proof of notice as required by ORS 113.145. Nor did respondent provide…”
Martin v. Kenworthy, 759 P.2d 335 (Or. Ct. App. 1988).
“” “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 113.145 or four months after the first publication of notice to interested persons, whichever is later, contest the…”
Dicker v. Wiman, 596 P.2d 570 (Or. Ct. App. 1979).
· cites it 2× “Apparently the personal representative gave information to those listed in the petition, ORS 113.145, but did not notify petitioner.”
— Or. Rev. Stat. § 113.145(1) — 6 cases
Eddy v. Eddy, 770 P.2d 969 (Or. Ct. App. 1989).
“However, we need not decide if notice was actually given because, even if defendant failed to provide notice as required by ORS 113.”
In Re Complaint as to the Conduct of Gresham, 864 P.2d 360 (Or. 1993).
“He failed to comply with the requirements of law, such as delivering information to the devisees and heirs, ORS 113.145(1), filing proof of delivery, ORS 113.”
In Re Complaint as to the Conduct of Tonkon, 642 P.2d 660 (Or. 1982).
“” ORS 113.145(1): “Upon his appointment a personal representative shall deliver or mail to the devisees and heirs named in the petition for appointment of a personal representative, at the addresses therein shown, information that shall include: Canon 1: “A lawyer should Assist…”
Schrei v. Frye, 548 P.2d 1001 (Or. Ct. App. 1976).
“On March 25, 1975, nearly four months after being notified of the entry of this order pursuant *194 to ORS 113.145, 2 Suzanne Schrei filed her own petition seeking to "set aside” the 1967 will and to have the 1973 will "substituted” as the decedent’s last will and testament.”
Betz v. Ganos, 100 P.3d 756 (Or. Ct. App. 2004).
“On March 14, 2002, respondents sent notice to Wanda’s heirs and devisees pursuant to ORS 113.145. Pursuant to ORS 113.155, notice to unknown interested parties was published on February 27, March 6, and March 13,2002.”
— Or. Rev. Stat. § 113.145(3) — 3 cases
Lawver v. Lawvor, 740 P.2d 1220 (Or. Ct. App. 1987).
“035, or give them the statutory notice that ORS 113.145 requires. 4 Plaintiffs allege that, as a result of Beesley’s breaches of duty, they lost the opportunity to contest the will, that a contest would have been successful and that they suffered substantial damages, including…”
Eddy v. Eddy, 770 P.2d 969 (Or. Ct. App. 1989).
“However, we need not decide if notice was actually given because, even if defendant failed to provide notice as required by ORS 113.”
Lawver v. Beesley, 740 P.2d 1215 (Or. Ct. App. 1987).
“Beesley did not provide information to devisees and heirs as required by ORS 113.145 4 and did not publish a notice to interested persons as *715 required by ORS 113.”
— Or. Rev. Stat. § 113.145(4) — 1 case
In Re Complaint as to the Conduct of Gresham, 864 P.2d 360 (Or. 1993).
“He failed to comply with the requirements of law, such as delivering information to the devisees and heirs, ORS 113.145(1), filing proof of delivery, ORS 113.”
— Or. Rev. Stat. § 113.145(5) — 1 case
State v. Cue, 342 P.3d 98 (Or. Ct. App. 2014).
“Two statutes that set forth those duties, ORS 113.145 and ORS 115.003, are at issue in this case.”
— Or. Rev. Stat. § 113.145(6) — 1 case
State v. Cue, 342 P.3d 98 (Or. Ct. App. 2014).
“Two statutes that set forth those duties, ORS 113.145 and ORS 115.003, are at issue in this case.”
— Or. Rev. Stat. § 113.145(l)(g) — 1 case
State v. Cue, 342 P.3d 98 (Or. Ct. App. 2014).
“Two statutes that set forth those duties, ORS 113.145 and ORS 115.003, are at issue in this case.”
— Or. Rev. Stat. § 113.145(l)(h) — 1 case
State v. Cue, 342 P.3d 98 (Or. Ct. App. 2014).
“Two statutes that set forth those duties, ORS 113.145 and ORS 115.003, are at issue in this case.”
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.