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Oregon Revised Statutes

Or. Rev. Stat. § 113.215 (2026)

Appointment of successor personal representative

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      113.215 Appointment of successor personal representative. (1) When a personal representative dies, is removed by the court, or resigns and the resignation is accepted by the court, the court may appoint, and, if the personal representative was the sole or the last surviving personal representative and administration is not completed, the court shall appoint another personal representative in place of the personal representative.

      (2) If, after a will has been proven and letters testamentary or letters of administration have been issued, the will is set aside, declared void or inoperative, the letters testamentary or letters of administration shall be revoked and letters of administration issued.

      (3) If, after administration has been granted, a will of the decedent is found and proven, the letters of administration shall be revoked and letters testamentary or letters of administration shall be issued.

      (4) When a successor personal representative is appointed, the successor has all the rights and powers of the predecessor or of the personal representative named in the will, except that the successor may not exercise powers given in the will that by its terms are personal to the personal representative named in the will. [1969 c.591 §101; 2017 c.169 §21]

 

      113.220 [Repealed by 1969 c.591 §305]

Notes of Decisions
Cited in 2 cases, 1993–2011 · leading case: Smith v. Cimmet, 199 Cal. App. 4th 1381 (Cal. Ct. App. 2011).
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Smith v. Cimmet, 199 Cal. App. 4th 1381 (Cal. Ct. App. 2011). · cites it 6× “(a); Or. Rev. Stat. §§ 113.215 (4), 114.305(19).”
In re Complaint as to the Conduct of Gresham, 864 P.2d 360 (Or. 1993). “1 We note ORS 113.215(1), which provides: “When a personal representative dies * * *, if the personal representative was the sole or the last surviving personal representative and administration is not completed, the court shall appoint another personal representative in place…”
Or. Rev. Stat. § 113.215(1): 1 case
In re Complaint as to the Conduct of Gresham, 864 P.2d 360 (Or. 1993). “1 We note ORS 113.215(1), which provides: “When a personal representative dies * * *, if the personal representative was the sole or the last surviving personal representative and administration is not completed, the court shall appoint another personal representative in place…”
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