Oregon Revised Statutes

Or. Rev. Stat. § 114.395 (2026)

Improper exercise of power; breach of fiduciary duty

✓ current as of May 2026

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114.395 Improper exercise of power; breach of fiduciary duty. 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 persons for resulting damage or loss to the same extent as a trustee of an express trust. Exercise of power in violation of a court order is a breach of duty. Exercise of power contrary to the provisions of the will may be a breach of duty. [1969 c.591 §136]

Notes of Decisions

Cited in 4 cases, 1976–1990 · leading case: Wittick v. Miles, 545 P.2d 121 (Or. 1976).

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Wittick v. Miles, 545 P.2d 121 (Or. 1976). “ORS 114.395. The sales price may have been inadequate, but it was not so inadequate as to relieve defendant from liability on a contract voluntarily entered into.”

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…”

Matter of Est. of White, 599 P.2d 1147 (Or. Ct. App. 1979). “If the personal representative breached his fiduciary duty by settling the case as he did, the beneficiaries have a remedy under ORS 114.395 and 114.405. Under the statutory procedural scheme as applied to this case, the beneficiaries were entitled to be heard prior to…”

Moser v. Van Winkle, 797 P.2d 1063 (Or. Ct. App. 1990). · cites it 5× “” Moser argues that respondents are not entitled to attorney fees under ORS 114.395, because Moser’s remarks to his attorney’s wife could not be interpreted as an improper exercise of power or a breach of duty.”

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