115.125 Order
of payment of expenses and claims.
(1) If the applicable assets of the estate are insufficient to pay all expenses
and claims in full, the personal representative shall make payment in the
following order:
(a) Support of
spouse and children, subject to the limitations imposed by ORS 114.065.
(b) Expenses of
administration of the estate, and subject to preferences established under
federal law, expenses of administration of any protective proceeding in which
the decedent was the protected person authorized by the court in the protective
proceeding.
(c) Expenses of a
plain and decent funeral.
(d) Debts and
taxes with preference under federal law.
(e) Reasonable
and necessary medical and hospital expenses of the last illness of the
decedent, including compensation of persons attending the decedent to which the
persons are otherwise entitled by law.
(f) Taxes with
preference under the laws of this state that are due and payable while
possession of the estate of the decedent is retained by the personal
representative.
(g) Debts owed
employees of the decedent for labor performed within 90 days immediately
preceding the date of death of the decedent.
(h) Child support
arrearages.
(i) The claim of
the Department of Veterans’ Affairs under ORS 406.100, including a claim the
waiver of which was retracted by the Director of Veterans’ Affairs under ORS
406.110.
(j) The claim of
the Department of Human Services or the Oregon Health Authority for the amount
of the state’s monthly contribution to the federal government to defray the
costs of outpatient prescription drug coverage provided to a person who is
eligible for Medicare Part D prescription drug coverage and who receives
benefits under the state medical assistance program or Title XIX of the Social
Security Act.
(k) The claim of
the Department of Human Services or the Oregon Health Authority for the net
amount of assistance properly or improperly paid to or for the decedent, in the
following order:
(A) Public
assistance, as defined in ORS 411.010, and medical assistance, as defined in
ORS 414.025, funded entirely by moneys from the General Fund; and
(B) Public
assistance, as defined in ORS 411.010, and medical assistance, as defined in
ORS 414.025, funded by a combination of state and federal funds.
(L) The claim of
the Department of Human Services or the Oregon Health Authority for the care
and maintenance of the decedent at a state institution, as provided in ORS
179.610 to 179.770.
(m) The claim of
the Department of Corrections for care and maintenance of any decedent who was
at a state institution to the extent provided in ORS 179.610 to 179.770.
(n) All other
claims against the estate.
(2) If the
applicable assets of the estate are insufficient to pay in full all expenses or
claims of any one class specified in subsection (1) of this section, each
expense or claim of that class shall be paid only in proportion to the amount
thereof. [1969 c.591 §152; 1969 c.597 §279; 1973 c.402 §32; 1979 c.684 §17;
2001 c.316 §1; 2001 c.487 §13; 2001 c.900 §19a; 2005 c.754 §3; 2007 c.26 §1;
2009 c.595 §81; 2011 c.720 §60; 2013 c.190 §1; 2013 c.688 §19; 2016 c.42 §23;
2017 c.169 §30]
115.130 [Repealed by 1969 c.591 §305]
Notes of Decisions
Thomas v. State ex rel. Senior & Disabled Servs. Div., 878 P.2d 1081 (Or. 1994).
· cites it 6× “005(2), the personal representative * * * shall proceed to pay the claims allowed against the estate in the priority prescribed by ORS 115.125.” The personal representative has no duty to pay the state’s claim before the time provided in ORS 115.”
Thomas v. Senior & Disabled Serv. Div., 878 P.2d 1081 (Or. 1994).
· cites it 6× “005(2), the personal representative * * * shall proceed to pay the claims allowed against the estate in the priority prescribed by ORS 115.125." The personal representative has no duty to pay the state's claim before the time provided in ORS 115.”
Widing v. Est. of Widing, 944 P.2d 969 (Or. Ct. App. 1997).
“See ORS 115.125 (expenses of administration are to be paid before claims against the estate are paid).”
Heiller v. Nelson, 872 P.2d 26 (Or. Ct. App. 1994).
· cites it 5× “” Claims presented to the personal representative are subject to the pro rata distribution plan of ORS 115.125. However, secured claims that are not presented can be satisfied pursuant to ORS 115.”
Jones v. Hunt, 206 P.3d 1202 (Or. Ct. App. 2009).
· cites it 2× “The court allowed both Howard’s and Jones’s claims in full, with distribution apportioned pursuant to ORS 115.125(2). 1 The personal representative filed a petition for an order discharging the personal representative and closing the estate, and gave notice of the petition to…”
— Or. Rev. Stat. § 115.125(1) — 2 cases
Thomas v. State ex rel. Senior & Disabled Servs. Div., 878 P.2d 1081 (Or. 1994).
“005(2), the personal representative * * * shall proceed to pay the claims allowed against the estate in the priority prescribed by ORS 115.125.” The personal representative has no duty to pay the state’s claim before the time provided in ORS 115.”
Thomas v. Senior & Disabled Serv. Div., 878 P.2d 1081 (Or. 1994).
“005(2), the personal representative * * * shall proceed to pay the claims allowed against the estate in the priority prescribed by ORS 115.125." The personal representative has no duty to pay the state's claim before the time provided in ORS 115.”
— Or. Rev. Stat. § 115.125(1)(a) — 1 case
— Or. Rev. Stat. § 115.125(1)(b) — 1 case
— Or. Rev. Stat. § 115.125(1)(h) — 1 case
Thomas v. Senior & Disabled Serv. Div., 878 P.2d 1081 (Or. 1994).
“005(2), the personal representative * * * shall proceed to pay the claims allowed against the estate in the priority prescribed by ORS 115.125." The personal representative has no duty to pay the state's claim before the time provided in ORS 115.”
— Or. Rev. Stat. § 115.125(1)(n) — 1 case
— Or. Rev. Stat. § 115.125(2) — 2 cases
Jones v. Hunt, 206 P.3d 1202 (Or. Ct. App. 2009).
“The court allowed both Howard’s and Jones’s claims in full, with distribution apportioned pursuant to ORS 115.125(2). 1 The personal representative filed a petition for an order discharging the personal representative and closing the estate, and gave notice of the petition to…”
Heiller v. Nelson, 872 P.2d 26 (Or. Ct. App. 1994).
“” Claims presented to the personal representative are subject to the pro rata distribution plan of ORS 115.125. However, secured claims that are not presented can be satisfied pursuant to ORS 115.”
— Or. Rev. Stat. § 115.125(l)(h) — 1 case
Thomas v. State ex rel. Senior & Disabled Servs. Div., 878 P.2d 1081 (Or. 1994).
“005(2), the personal representative * * * shall proceed to pay the claims allowed against the estate in the priority prescribed by ORS 115.125.” The personal representative has no duty to pay the state’s claim before the time provided in ORS 115.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.