Oregon Revised Statutes

Or. Rev. Stat. § 114.560 (2026)

Exclusive remedy

✓ current as of May 2026

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114.560 Exclusive remedy. The exclusive remedy of a person injured by the failure of the affiant or any claiming successor to comply with the requirements of ORS 114.505 to 114.560 is a summary determination under ORS 114.542, a summary review of administration under ORS 114.550 or the filing of a petition for appointment of a personal representative for the estate within the time allowed by ORS 114.555. [1989 c.228 §9; 2019 c.165 §20]

ELECTIVE SHARE FOR DECEDENTS WHO DIE ON OR AFTER

JANUARY 1, 2011

(Generally)

Notes of Decisions

Cited in 2 cases, 2017–2020 · leading case: Givan v. State (In re Est. of Nelson), 410 P.3d 311 (Or. Ct. App. 2017).

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Givan v. State (In re Est. of Nelson), 410 P.3d 311 (Or. Ct. App. 2017). · cites it 6× “ORS 114.560, which is part of the same statutory scheme and therefore part of the context of ORS 114.”

Credit Assocs., Inc. v. Blevins (Bankr. D. Or. 2020). · cites it 2× “545(3) makes property conveyed by an affiant free of the rights of the decedent’s unsecured creditors, and ORS 114.560 provides that the exclusive remedy for an affiant’s violation of the small-estate statutes is a summary determination by the probate court.”

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