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Oregon Revised Statutes

Or. Rev. Stat. § 114.325 (2026)

Power to sell, mortgage, lease and deal with property

✓ current as of May 2026
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      114.325 Power to sell, mortgage, lease and deal with property. (1) Except as provided in subsection (2) of this section, and subject to ORS 113.105, a personal representative has power to sell, mortgage, lease or otherwise deal with property of the estate without notice, hearing or court order.

      (2) Exercise of the power of sale by the personal representative is improper, except after notice, hearing and order of the court, if:

      (a) The sale is in contravention of the provisions of the will; or

      (b) The property is specifically devised and the will does not authorize its sale.

      (3) Notwithstanding ORS chapters 270, 273 and 274, an estate administrator of the State Treasurer appointed under ORS 113.235 or the Director of Human Services or Director of the Oregon Health Authority serving as a personal representative may deal with property of the estate as a personal representative under this section. [1969 c.591 §129; 2017 c.169 §25; 2019 c.678 §39]

 

      114.330 [Repealed by 1969 c.591 §305]

Notes of Decisions
Cited in 6 cases, 1974–2005 · leading case: In Re Complaint as to the Conduct of Howard, 743 P.2d 719 (Or. 1987).
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In Re Complaint as to the Conduct of Howard, 743 P.2d 719 (Or. 1987). · cites it 3× “ORS 114.325. — "has power to sell, mortgage, lease or otherwise deal with property of the estate.”
Wittick v. Miles, 545 P.2d 121 (Or. 1976). “ORS 114.325(1). The personal representative’s powers over title to decedent’s property are those of an absolute owner, but at the same time he is trustee for the beneficiaries of the estate.”
Helgesson v. Est. of Frank, 521 P.2d 16 (Or. Ct. App. 1974). · cites it 3× “ORS 114.325. The will of Beatrice Frank did not specifically devise any of her property.”
Busch v. Farmington Centers Beaverton, 124 P.3d 1282 (Or. Ct. App. 2005). “305; ORS 114.325. Of course, any settlement had to he by Busch in his capacity as personal representative, because only the personal representative of an estate may bring a wrongful death action and settle it.”
Thomas v. State ex rel. Senior & Disabled Servs. Div., 878 P.2d 1081 (Or. 1994). “When an estate has insufficient liquid assets to pay immediately in a lump sum a claim on moneys “due,” but the estate has *528 income-earning assets that over time will be sufficient to satisfy the claim, the personal representative has a choice between (1) liquidating the…”
Thomas v. Senior & Disabled Serv. Div., 878 P.2d 1081 (Or. 1994). “When an estate has insufficient liquid assets to pay immediately in a lump sum a claim on moneys "due," but the estate has income-earning assets that over time will be sufficient to satisfy the claim, the personal representative has a choice between (1) liquidating the…”
— Or. Rev. Stat. § 114.325(1) — 2 cases
Wittick v. Miles, 545 P.2d 121 (Or. 1976). “ORS 114.325(1). The personal representative’s powers over title to decedent’s property are those of an absolute owner, but at the same time he is trustee for the beneficiaries of the estate.”
In Re Complaint as to the Conduct of Howard, 743 P.2d 719 (Or. 1987). “ORS 114.325. — "has power to sell, mortgage, lease or otherwise deal with property of the estate.”
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