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Oregon Revised Statutes

Or. Rev. Stat. § 114.435 (2026)

Power to avoid transfers

✓ current as of May 2026
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      114.435 Power to avoid transfers. The property liable for the payment of expenses of administration, funeral expenses, claims and taxes shall include property transferred by the decedent with intent to defraud the creditors of the decedent or transferred by any means which is in law void or voidable as against the creditors of the decedent. The right to recover that property so far as necessary for the payment of those expenses, claims and taxes is in the personal representative, who shall take necessary steps to recover it. That property constitutes general assets for the payment of creditors. [1969 c.591 §140]

 

      114.440 [Repealed by 1969 c.591 §305]

 

WRONGFUL DEATH CLAIMS AND ESTATES WITH PERSONAL INJURY CLAIMS

 

(Generally)

Notes of Decisions
Cited in 8 cases, 1971–2014 · leading case: Johnson v. Com. Bank, 588 P.2d 1096 (Or. 1978).
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Johnson v. Com. Bank, 588 P.2d 1096 (Or. 1978). · cites it 2× “As stated, the decedents had transferred all of their funds to defendant trustee; therefore the estates were without assets so plaintiff, pursuant to ORS 114.435, 1 and as an individual, brought this suit.”
Great W. Nat'l Bank v. Hill, 557 P.2d 1367 (Or. Ct. App. 1976). · cites it 2× “” ORS 114.435. An unperfected security interest under ORS ch 79 is not void or voidable; it is merely of a lesser priority than a perfected security interest.”
Epp v. Comm'r, 78 T.C. 801 (Tax Ct. 1982). “All deeds of gift, all conveyances and all verbal or written transfers or assignments of goods, chattels or things in action made in trust for the person making the same, are void as against the creditors, existing or subsequent, of such person.”
Est. of Hendrickson v. Warburton, 557 P.2d 224 (Or. 1976). · cites it 4× “In appealing, defendant contends that it was error to overrule her demurrer because the personal representative of a decedent’s estate has no power to set aside a deed executed by the decedent unless the estate is insolvent and the property is needed to pay creditors, as…”
Johnson v. Manders, 872 P.2d 420 (Or. Ct. App. 1994). “255 to ORS 114.435; ORS chapter 115. We believe that the rationale oí Hein and Carlson is very much on *151 point.”
Ledford v. Yonkers, 562 P.2d 970 (Or. 1977). “305(19)) and its legislative history, held (at 996): "It is clear from the provisions of ORS 114.435, * * * that a suit by the personal representative of an estate to set aside transfers of property needed for payment of the claims of creditors is limited to such suits as are…”
Adams v. West Coast Trust, 338 P.3d 171 (Or. Ct. App. 2014). “]”; ORS 114.435 (describing power of the personal representative to avoid transfers made with intent to defraud the creditors of the decedent).”
Burgoyne v. McMillan, 488 P.2d 405 (Or. 1971). “330, which was repealed by 1969 Oregon Laws, ch 591, § 305 and replaced by ORS 114.435. Repealed by 1969 Oregon Laws, ch 591, § 305.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.