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Oregon Revised Statutes

Or. Rev. Stat. § 114.255 (2026)

Commencement of duties and powers of personal representative; prior acts

✓ current as of May 2026
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      114.255 Commencement of duties and powers of personal representative; prior acts. The duties and powers of a personal representative commence upon the issuance of the letters of the personal representative. The powers of a personal representative relate back in time to give the acts of the personal representative occurring prior to appointment the same effect as those occurring thereafter. A personal representative may ratify and accept acts on behalf of the estate done by others where those acts would have been proper for a personal representative. [1969 c.591 §122]

 

      114.260 [Repealed by 1969 c.591 §305]

Notes of Decisions
Cited in 6 cases, 1979–1998 · leading case: Rennie v. Pozzi, 656 P.2d 934 (Or. 1982).
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Rennie v. Pozzi, 656 P.2d 934 (Or. 1982). · cites it 6× “In particular, we find ORS 114.255, which was enacted subsequent to the Richard decision, dispositive: “The duties and powers of a personal representative commence upon the issuance of his letters.”
Rennie v. Freeway Transp., 656 P.2d 919 (Or. 1982). “Defendants here, however, advance a second and alternative ground for upholding the dismissal of plaintiffs action against them.”
Johnson v. Manders, 872 P.2d 420 (Or. Ct. App. 1994). “See ORS 114.255 to ORS 114.435; ORS chapter 115.”
Francke v. Gable, 853 P.2d 1366 (Or. Ct. App. 1993). “Plaintiff argues that, under ORCP 23 and ORS 114.255, the amended complaint relates back to the date that the original complaint was filed and, therefore, is timely.”
Matter of Est. of White, 599 P.2d 1147 (Or. Ct. App. 1979). “We should construe the statute in harmony with the scheme of ORS 114.255 et seq., which set out the general duties and powers of personal representatives.”
Ortiz v. Gavenda, 574 N.W.2d 764 (Minn. Ct. App. 1998). “255, enacted as part of a major revision to Oregon’s probate code, provides that plaintiffs appointment as personal representative after the expiration of the limitations period relates back to original filing); Thomas v.”
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