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Oregon Revised Statutes

Or. Rev. Stat. § 115.325 (2026)

Action not to be commenced until claim presented and disallowed

✓ current as of May 2026
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      115.325 Action not to be commenced until claim presented and disallowed. Except as provided in ORS 115.004, 115.005 (5) and 115.065, no action against a personal representative on account of a claim shall be commenced until the claim of the plaintiff has been presented to and disallowed by the personal representative. [Formerly 121.090; 1989 c.229 §8; 1993 c.214 §2]

 

      115.330 [Repealed by 1969 c.591 §305]

 

APPLICATION TO NONTESTAMENTARY TRUSTS

Notes of Decisions
Cited in 5 cases, 1982–2014 · leading case: Ottley v. Est. of Bell, 61 V.I. 480 (2014).
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Ottley v. Est. of Bell, 61 V.I. 480 (2014). “” Or. Rev. Stat. § 115.325 . An earlier version of the statute, which was the basis for Oregon’s earlier cases on the issue, was substantially similar: “[a]n action against an executor or administrator shall not be commenced until the claim of the plaintiff has been duly…”
Balthrop v. Berryman, 772 P.2d 955 (Or. Ct. App. 1989). · cites it 3× “Defendant filed a motion to dismiss for failure to state ultimate facts sufficient to constitute a claim. ORCP 21A(8). He argued that presenting a claim to the personal representative is a condition precedent to filing a civil action against the personal representative.”
Meissner v. Murphy, 647 P.2d 972 (Or. Ct. App. 1982). · cites it 3× “The question is whether the [ection to file the action before filing the claim limits aintiff s remedy in the action to recovery of her security, fe believe it does and affirm.”
Thomas v. State ex rel. Senior & Disabled Servs. Div., 878 P.2d 1081 (Or. 1994). · cites it 2× “A statute regulating actions against decedent’s estates, ORS 115.325, in part provides: “[N]o action against a personal representative on account of a claim shall be commenced until the claim of the plaintiff has been presented to and disallowed by the personal representative.”
Thomas v. Senior & Disabled Serv. Div., 878 P.2d 1081 (Or. 1994). · cites it 2× “A statute regulating actions against decedent's estates, ORS 115.325, in part provides: "[N]o action against a personal representative on account of a claim shall be commenced until the claim of the plaintiff has been presented to and disallowed by the personal representative.”
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