Oregon Revised Statutes
Or. Rev. Stat. § 115.305 (2026)
Survival of causes of action
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115.305 Survival of causes of action. All causes of action or suit, by one person against another, survive to the personal representative of the former and against the personal representative of the latter. [Formerly 121.020]
115.310 [Repealed by 1969 c.591 §305]
Notes of Decisions
Cited in 21
cases (6 in the last 5 years), 1955–2024 · leading case: Kerridge v. Jester, 502 P.3d 1206 (Or. Ct. App. 2021).
Kerridge v. Jester, 502 P.3d 1206 (Or. Ct. App. 2021). “That is, those rights and obliga- tions were not conditioned or dependent upon both parties, together, holding title to the property.”
Tyler v. Whetzel, 457 P.3d 338 (Or. Ct. App. 2019). “Held: Upon plain- tiff’s mother’s death, her financial abuse claims survived to the personal rep- resentative of her estate under ORS 115.305. Once the claims survived to the estate, plaintiff, as trustee of her mother’s estate, was no longer the real party in interest to pursue…”
Bonner v. Arnold, 676 P.2d 290 (Or. 1984). “2d 1148 , reversed on the question of contribution on the debt, reasoning that the right of contribution between coobligors for the purchase price of a property survives death, just as an obligation to any other debtor does under ORS 115.305. [2] The objectors then petitioned…”
Larisa's Home Care, LLC v. Nichols-Shields, 372 P.3d 595 (Or. Ct. App. 2016). “ORS 115.305 (“All causes of action or suit, by *815 one person against another, survive to the personal representative of the former and against the personal representative of the latter.”
Ramirez v. Lembcke, 80 P.3d 510 (Or. Ct. App. 2003). “See ORS 115.305 (providing that “[a]ll causes of action or suit, by one person against another, survive to the personal representative of the former and against the personal representative of the latter”).”
Mendez v. Walker, 538 P.2d 939 (Or. 1975). “Relevant statutes are as follows: “ORS 115.305. Survival of causes of action.”
In Re the Dissolution of the Marriage of Libby, 541 P.2d 1077 (Or. Ct. App. 1975). “ORS 115.305 provides: "All causes of action or suit, by one person against another, survive to the personal representative of the former and against the personal representative of the latter.”
Wheeler v. Williams, 900 P.2d 1076 (Or. Ct. App. 1955). “080; 2 ORS 115.305. 3 Plaintiff challenges the circuit court’s ruling that only the probate department of the circuit court had jurisdiction to appoint a personal representative.”
State, Dept. of Human Resources v. Payne, 970 P.2d 266 (Or. Ct. App. 1998). “ORS 115.305 provides that "[a]ll causes of action or suit, by one person against another, survive to the personal representative of the former and against the personal representative of the latter.”
Johnson v. Bergstrom, 587 P.2d 71 (Or. 1978). “” 4 *347 Defendant recognizes that some Oregon cases hold that survivability is the test of assignability and that in 1969 a statute was adopted in Oregon providing that all causes of action or suit survive to personal representative (ORS 115.305). Defendant contends, however,…”
D. S., 534 P.3d 283 (Or. Ct. App. 2023). “” 3 ORS 115.305 provides: “All causes of action or suit, by one person against another, survive to the personal representative of the former and against the personal representa- tive of the latter.”
Bonner v. Arnold, 664 P.2d 1148 (Or. Ct. App. 1983). “The majority rule is based primarily on the sever-ability of the personal obligation on the debt and the lien on the property that secures the debt, most often a note and mortgage.”
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