Oregon Revised Statutes

Or. Rev. Stat. § 115.035 (2026)

Waiver of defect or insufficiency

✓ current as of May 2026

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115.035 Waiver of defect or insufficiency. A defect of form of a claim timely presented may be waived by the personal representative or by the court. [1969 c.591 §143; 1973 c.506 §32]

Notes of Decisions

Cited in 2 cases, 1976–1979 · leading case: Hein v. Thiel, 549 P.2d 514 (Or. 1976).

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Hein v. Thiel, 549 P.2d 514 (Or. 1976). “” Defendant does not contend that plaintiff’s claim was not "timely presented.” It also appears that when the complaint was filed the estate was still open and defendant does not contend that a proper claim could not still have been made at that time if the defects claimed by…”

Wilson v. Culbertson, 599 P.2d 1163 (Or. Ct. App. 1979). “ORS 115.035 provides that "[a] defect of form of a claim timely presented may be waived by the personal representative or by the court.”

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