115.155
Separate action required by personal representative. If the claimant files a request
for summary determination of the claim as provided in ORS 115.145, the personal
representative, within 30 days after the date of service of a copy of the
request upon the personal representative or the attorney of the personal
representative, may notify the claimant in writing that if the claimant desires
to prove the claim the claimant must commence a separate action against the
personal representative on the claim within 60 days after the date of receipt
of such notice. If the claimant fails to commence a separate action within 60
days after the date of receipt of the notice, the claim, to the extent
disallowed by the personal representative, is barred. [1969 c.591 §155]
115.160 [Repealed by 1969 c.591 §305]
Notes of Decisions
Cited in
6
cases, 1994–2014 · leading case:
Sheldon v. Sheldon, 987 P.2d 1229 (Or. Ct. App. 1999).
Sheldon v. Sheldon, 987 P.2d 1229 (Or. Ct. App. 1999).
“ORS 115.155. The trial court consolidated the two cases and entered a declaratory judgment from which both parties appeal.”
State ex rel. Dep't of Human Servs. v. Broyles, 208 P.3d 519 (Or. Ct. App. 2009).
· cites it 2× “See ORS 115.155. 2 DHS initiated a proceeding in circuit court, and defendant moved *267 for summary judgment, arguing that the claim was time barred.”
Thomas v. State ex rel. Senior & Disabled Servs. Div., 878 P.2d 1081 (Or. 1994).
· cites it 2× “And, in ORS 115.155, the duty of the claimant to very promptly bring an action on a disallowed claim where no summary determination is requested is plainly spelled out.”
State Ex Rel. Dept. of Hs v. Broyles, 208 P.3d 519 (Or. Ct. App. 2009).
· cites it 2× “See ORS 115.155. [2] DHS initiated a proceeding in circuit court, and defendant moved for summary judgment, arguing that the claim was time barred.”
Flaig v. Emert, 320 P.3d 586 (Or. Ct. App. 2014).
· cites it 4× “Under ORS 115.155, the personal representative “may notify *654 the claimant in writing that if the claimant desires to prove the claim the claimant must commence a separate action against the personal representative within 60 days after the date of receipt of such notice.”
Thomas v. Senior & Disabled Serv. Div., 878 P.2d 1081 (Or. 1994).
· cites it 2× “And, in ORS 115.155, the duty of the claimant to very promptly bring an action on a disallowed claim where no summary determination is requested is plainly spelled out.”
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