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Oregon Revised Statutes

Or. Rev. Stat. § 115.165 (2026)

Summary determination procedure

✓ current as of May 2026
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      115.165 Summary determination procedure. In a proceeding for summary determination by the probate court of a claim disallowed in whole or in part by the personal representative:

      (1) The personal representative shall move or plead to the claim as though the claim were a complaint filed in an action.

      (2) The court shall hear the matter without a jury, after notice to the claimant and personal representative. Upon the hearing the court shall determine the claim in a summary manner and shall make an order allowing or disallowing the claim in whole or in part.

      (3) No appeal may be taken from the order of the court made upon the summary determination. [1969 c.591 §156]

 

      115.170 [Repealed by 1969 c.591 §305]

Notes of Decisions
Cited in 2 cases, 2009–2014 · leading case: Flaig v. Emert, 320 P.3d 586 (Or. Ct. App. 2014).
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Flaig v. Emert, 320 P.3d 586 (Or. Ct. App. 2014). · cites it 35× “ORS 115.165 states: “In a proceeding for summary determination by the probate court of a claim disallowed in whole or in part by the personal representative: “(1) The personal representative shall move or plead to the claim as though the claim were a complaint filed in an action.”
Jones v. Hunt, 206 P.3d 1202 (Or. Ct. App. 2009). · cites it 2× “” 2 The personal representative filed a motion to dismiss the appeal, contending that the trial court’s order was a summary determination pursuant to ORS 115.165, from which there is no right to appeal.”
— Or. Rev. Stat. § 115.165(1) — 1 case
Flaig v. Emert, 320 P.3d 586 (Or. Ct. App. 2014). “ORS 115.165 states: “In a proceeding for summary determination by the probate court of a claim disallowed in whole or in part by the personal representative: “(1) The personal representative shall move or plead to the claim as though the claim were a complaint filed in an action.”
— Or. Rev. Stat. § 115.165(2) — 1 case
Flaig v. Emert, 320 P.3d 586 (Or. Ct. App. 2014). “ORS 115.165 states: “In a proceeding for summary determination by the probate court of a claim disallowed in whole or in part by the personal representative: “(1) The personal representative shall move or plead to the claim as though the claim were a complaint filed in an action.”
— Or. Rev. Stat. § 115.165(3) — 2 cases
Flaig v. Emert, 320 P.3d 586 (Or. Ct. App. 2014). “ORS 115.165 states: “In a proceeding for summary determination by the probate court of a claim disallowed in whole or in part by the personal representative: “(1) The personal representative shall move or plead to the claim as though the claim were a complaint filed in an action.”
Jones v. Hunt, 206 P.3d 1202 (Or. Ct. App. 2009). “” 2 The personal representative filed a motion to dismiss the appeal, contending that the trial court’s order was a summary determination pursuant to ORS 115.165, from which there is no right to appeal.”
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