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Oregon Revised Statutes

Or. Rev. Stat. § 115.315 (2026)

Continuation of action without claim presentation

✓ current as of May 2026
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      115.315 Continuation of action without claim presentation. An action against a decedent commenced before and pending on the date of death of the decedent may be continued as provided in ORCP 34 B(2) without presentation of a claim against the estate of the decedent. [1969 c.591 §166; 1979 c.284 §107]

 

      115.320 [Repealed by 1969 c.591 §305]

Notes of Decisions
Cited in 2 cases, 1975–1989 · leading case: Mendez v. Walker, 538 P.2d 939 (Or. 1975).
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Mendez v. Walker, 538 P.2d 939 (Or. 1975). · cites it 2× “” “ORS 115.315. Continuation of action without claim presentation.”
Hitchman v. Burkey, 769 P.2d 799 (Or. Ct. App. 1989). · cites it 2× “” Although plaintiffs complied with ORCP 34B(2) 2 and were not required to present a “claim” against Hooper’s estate to continue their action, ORS 115.315, 3 the court held that ORS 115.”
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