Oregon Revised Statutes
Or. Rev. Stat. § 114.265 (2026)
General duties of personal representative
✓ current as of May 2026
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114.265 General duties of personal representative. A personal representative is a fiduciary who is under a general duty to and shall collect the income from property of the estate in the possession of the personal representative and preserve, settle and distribute the estate in accordance with the terms of the will and ORS chapters 111, 112, 113, 114, 115, 116 and 117 as expeditiously and with as little sacrifice of value as is reasonable under the circumstances. [1969 c.591 §123]
114.270 [Repealed by 1969 c.591 §305]
Notes of Decisions
Cited in 18
cases, 1974–2020 · leading case: In Re Complaint as to the Conduct of Howard, 743 P.2d 719 (Or. 1987).
In Re Complaint as to the Conduct of Howard, 743 P.2d 719 (Or. 1987). “ORS 114.265. The Bar's amended complaint alleges that the estate "had no claim of right to those funds" and further alleges that they were the "government's funds.”
Kidney Ass'n of Oregon v. Ferguson, 843 P.2d 442 (Or. 1992). “Petitioner’s clients were, respectively, the personal representative and the sole beneficiary of a single estate.”
In Re Complaint as to the Conduct of Hostetter, 238 P.3d 13 (Or. 2010). “See ORS 114.265 (personal representative has fiduciary duty to preserve estate with as little sacrifice of value as is reasonable under the circumstances).”
In Re Complaint as to the Conduct of Stauffer, 956 P.2d 967 (Or. 1998). “” ORS 114.265. The representative’s personal interest in the estate is limited to receipt of a statutorily authorized fee based on the value of the estate.”
In Re Complaint as to the Conduct of Phelps, 760 P.2d 1331 (Or. 1988). “See ORS 114.265. The funds belonged to the estate, which was administered by the personal representative, who was the accused’s client, so the funds were “funds of clients.”
In Re Complaint as to the Conduct of Coe, 731 P.2d 1028 (Or. 1987). “395 provides: “If the exercise of power by a personal representative in the administration of an estate is improper, the personal representative is liable for breach of fiduciary duty to interested *566 persons for resulting damage or loss to the same extent as a trustee of an…”
Smith v. United States Nat'l Bank, 615 P.2d 1119 (Or. Ct. App. 1980). “The court then held that under the circumstances, the litigation was "necessary” within the meaning of the statute, that it was the executor’s duty to prosecute the appeal, and that the executor was entitled to be reimbursed by the estate for its counsel costs and fees. In re…”
Wharff v. Rohrback, 952 P.2d 87 (Or. Ct. App. 1998). “ORS 114.265. The personal representative must be in a position to act indifferently in matters of the estate, In re Estate of Mills, 22 Or 210, 212 , 29 P 443 (1892), and a conflict between the interest of the personal representative in a personal capacity and the interest of…”
In Re Complaint as to the Conduct of Walker, 647 P.2d 468 (Or. 1982). “ORS 114.265; In re Snyder, 276 Or 897 , 559 P2d 1273 (1976).”
Kidder v. Olsen, 31 P.3d 1139 (Or. Ct. App. 2001). “” See ORS 114.265 (a personal representative is a fiduciary of a decedent’s estate).”
Matter of Est. of White, 599 P.2d 1147 (Or. Ct. App. 1979). “The statutory scheme is designed to provide an expeditious means of settling and distributing the estate, ORS 114.265. Under ORS 114.275, 114.305 and 114.”
Helgesson v. Est. of Frank, 521 P.2d 16 (Or. Ct. App. 1974). “” ORS 114.265. As such a fiduciary, the personal representative has a duty, if a sale is in the best interests of the estate, to sell the estate assets for the best price that can reasonably be obtained in the market at that time.”
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