Oregon Revised Statutes

Or. Rev. Stat. § 116.043 (2026)

Petition and order for refund by distributee

✓ current as of May 2026

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116.043 Petition and order for refund by distributee. If, after the distribution of property under ORS 116.013, it appears that all or any part of the property distributed is required for the payment of claims and expenses of administration, including determined and undetermined state and federal tax liability, the personal representative shall petition the court to order the return of the property. Notice of the hearing on the petition shall be given as provided in ORS 111.215. Upon the hearing the court may order the distributee to return all or part of the property distributed, or to pay the value of the property as of the time of distribution, and may specify the time within which the return or payment must be made. If the property is not returned or the payment is not made within the time ordered, the person failing to return the property or pay its value may be adjudged in contempt of court and judgment may be entered against the person and the sureties of the person, if any. [1969 c.591 §172; 2017 c.169 §57]

ACCOUNTING AND DISTRIBUTION

Notes of Decisions

Cited in 1 case, 2017–2017 · leading case: Hobbs v. Harrington, 391 P.3d 915 (Or. Ct. App. 2017).

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Hobbs v. Harrington, 391 P.3d 915 (Or. Ct. App. 2017). “ORS 116.043. When the personal representative files a final accounting and petition for a judgment of distribution, the personal representative also fixes a time for filing objections to the final accounting and petition, and notifies each heir, devisee, and creditor of the time…”

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