116.013
Petition and order for partial distribution. Upon petition by the personal representative or other
interested person, and after such notice and hearing as the court may
prescribe, the court may order the personal representative to distribute, prior
to final settlement and distribution, property of the estate to the person or
persons who would be entitled to the property under the will or under intestate
succession on final distribution, if the court finds that:
(1) After the
distribution sufficient assets will remain to pay support of spouse and
children, expenses of administration, unpaid claims and all known unpaid
creditors of the decedent or of the estate; and
(2) The
distribution may be made without loss to creditors or injury to the estate or
to any interested person. [1969 c.591 §169; 1987 c.646 §1]
116.015 [Repealed by 1969 c.591 §305]
116.020 [Amended by 1957 c.352 §1;
repealed by 1969 c.591 §305]
Notes of Decisions
In Re Complaint as to the Conduct of Harrington, 718 P.2d 725 (Or. 1986).
· cites it 3× “Martinetto, made a partial distribution of money to a distributee without first securing an order of the Probate Court as required by ORS 116.013. The complaint charges the accused with violations of DR 1-102(A)(5) and (6) and DR 7-102(A)(8) in that “the Accused engaged in…”
Hobbs v. Harrington, 391 P.3d 915 (Or. Ct. App. 2017).
· cites it 3× “ORS 116.013 relates to petitions for partial distribution and provides: “Upon petition by the personal representative or other interested person, and after such notice and hearing as the court may prescribe, the court may order the personal representative to distribute, prior to…”
Veberes v. Phillips, 542 P.2d 928 (Or. Ct. App. 1975).
· cites it 2× “The statutes providing for a shift of that possession to heirs or devisees are ORS 116.013 to 116.043, providing for a decree of partial distribution before an estate is closed, and ORS 116.”
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treatment. Dots show Syfertize treatment of the citing case itself.