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Oregon Revised Statutes

Or. Rev. Stat. § 115.115 (2026)

Payment of claims

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      115.115 Payment of claims. After the day on which all known claims are barred under ORS 115.005 (2), the personal representative, after making provision for support of spouse and children ordered by the court, for expenses of administration and for claims already presented which have not been allowed or allowance of which has been appealed, shall proceed to pay the claims allowed against the estate in the order of priority prescribed by ORS 115.125. After payment of those claims, claims presented and allowed under ORS 115.005 (3) shall be paid in the order in which they are received and to the extent of the remaining assets of the estate. [1969 c.591 §151; 1989 c.229 §6]

 

      115.120 [Repealed by 1969 c.591 §305]

Notes of Decisions
Cited in 7 cases, 1976–2014 · leading case: Great W. Nat'l Bank v. Hill, 557 P.2d 1367 (Or. Ct. App. 1976).
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Great W. Nat'l Bank v. Hill, 557 P.2d 1367 (Or. Ct. App. 1976). “135, nor paid the claim within the time required by ORS 115.115. By agreement of the parties, the issues in dispute were heard pursuant to the court’s powers of declaratory judgment under ORS 111.”
Meissner v. Murphy, 647 P.2d 972 (Or. Ct. App. 1982). “If the claim is presented after the expiration of four months *178 after the date of the first publication of notice to interested persons, personal representative, in an action therefor, is liable only to the extent of 1 assets in the hands at the time the summons is served…”
State, Dept. of Human Resources v. Payne, 970 P.2d 266 (Or. Ct. App. 1998). “"(3) In a proceeding for summary determination of a claim or in a separate action on a claim the claim shall be allowed or judgment entered on the claim in the full amount of the liability, if any, of the decedent to the claimant.”
Thomas v. State ex rel. Senior & Disabled Servs. Div., 878 P.2d 1081 (Or. 1994). · cites it 2× “ORS 115.115 provides in part: “After the day on which all known claims are barred under ORS 155.”
State ex rel. Dep't of Human Resources & Senior & Disabled Servs. Div. v. Payne, 970 P.2d 266 (Or. Ct. App. 1998). “However, the claim shall be paid only to the extent of the assets of the estate allocable to the payment of the claim pursuant to ORS 115.115 and 115.125.” ORS 12.250 provides: “Unless otherwise made applicable thereto, the limitations prescribed in this chapter shall not apply…”
Thomas v. Senior & Disabled Serv. Div., 878 P.2d 1081 (Or. 1994). · cites it 2× “ORS 115.115 provides in part: "After the day on which all known claims are barred under ORS 155.”
Flaig v. Emert, 320 P.3d 586 (Or. Ct. App. 2014). “However, the claim shall be paid only to the extent of the assets of the estate allocable to the payment of the claim pursuant to ORS 115.115 and 115.125.” ORS 115.165 provides, “In a proceeding for summary determination by the probate court of a claim disallowed in whole or in…”
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