Oregon Revised Statutes

Or. Rev. Stat. § 114.225 (2026)

Possession and control of decedent’s estate

✓ current as of May 2026

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114.225 Possession and control of decedent’s estate. (1) A personal representative has a right to and shall take possession and control of the estate of the decedent, but the personal representative is not required to take possession of or be accountable for property in the possession of an heir or devisee unless in the opinion of the personal representative possession by the personal representative is reasonably required for purposes of administration.

(2) If a personal representative files a motion for delivery of possession of real property under ORS 111.095 (4)(e):

(a) The personal representative shall state in the motion why ORS chapter 90 does not apply.

(b) The personal representative shall give notice as provided in ORS 111.215 of the motion to all adult occupants of the real property whose names can be determined with reasonable effort. In addition, the personal representative shall attach written notice in a secure manner to the main entrance of any dwelling unit that is the subject of the motion. [1969 c.591 §121; 2021 c.282 §17]

114.230 [Repealed by 1969 c.591 §305]

114.240 [Repealed by 1969 c.591 §305]

114.250 [Repealed by 1969 c.591 §305]

DUTIES AND POWERS OF PERSONAL REPRESENTATIVES

Notes of Decisions

Cited in 4 cases, 1975–2017 · leading case: Est. of Hendrickson v. Warburton, 557 P.2d 224 (Or. 1976).

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Est. of Hendrickson v. Warburton, 557 P.2d 224 (Or. 1976). · cites it 4× “The Advisory Committee in proposing § 116 (now ORS 114.225) omitted the last sentence of § 3-409 of the Proposed Uniform Probate Code, which would have specifically authorized the personal representative of an estate to "maintain an action to recover possession of any property…”

In Re Complaint as to the Conduct of Howard, 743 P.2d 719 (Or. 1987). · cites it 2× “" ORS 114.225 "is a fiduciary who is under a general duty to and shall collect the income from property of the estate.”

Veberes v. Phillips, 542 P.2d 928 (Or. Ct. App. 1975). “Under ORS 114.225, the personal representative “has a right to and shall take possession and control of the estate of the decedent,” with the exception of property already in the possession of an heir or devisee and not needed for administration.”

Ajemian v. Yahoo!, Inc. (Mass. 2017). “Laws § 6322; Or. Rev. Stat. § 114.225 , inserted by 1969 Or.”

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