116.093 Notice
for filing objections to final account and petition for distribution; rules. (1) Upon filing the final account
and petition for a judgment of distribution, the personal representative shall
set a time for filing objections to the account and petition. Not less than 20
days before the time set, the personal representative shall mail a copy of the
final account and petition for judgment and notice of the time set for
objections to:
(a) Each
distributee at the last-known address of the distributee.
(b) Each creditor
who has not received payment in full and whose claim has not otherwise been
barred.
(2) If a
charitable trust as described in ORS 130.170, a public benefit corporation as
defined in ORS 65.001 or a religious organization is a residuary beneficiary of
the estate, or if a charitable trust, a public benefit corporation or a
religious organization will receive less under the judgment than the amount of
a specific devise to the trust, corporation or organization, the personal
representative shall mail the notice under subsection (1) of this section to
the Attorney General.
(3) The notice
need not be mailed to the personal representative.
(4) Proof of the
mailing to those persons entitled to notice shall be filed in the estate
proceeding at or before approval of the final account.
(5) If the
Department of Human Services has presented a claim under ORS chapter 411 or ORS
416.310 to 416.340, 416.350 or 417.010 to 417.080, or the Oregon Health
Authority has presented a claim under ORS chapter 414 or ORS 416.310 to
416.340, 416.350 or 416.510 to 416.990, or the Department of Corrections has
presented a claim under ORS 179.620 (3), and the claim has not been settled or
paid in full, the personal representative shall mail to the appropriate agency
a copy of the final account at the same time, and shall make proof of the
mailing in the same manner, as the notice provided for in this section.
(6) The Oregon
Health Authority may adopt rules designating the Department of Human Services
as the appropriate department to receive the final account for claims presented
by the authority under subsection (5) of this section. [1969 c.591 §176; 1969
c.597 §280; 1989 c.348 §14; 2001 c.487 §14; 2001 c.900 §20a; 2003 c.576 §376;
2005 c.381 §21; 2007 c.284 §13; 2009 c.595 §82; 2011 c.720 §62; 2017 c.169 §34]
Notes of Decisions
Waybrant v. Bernstein, 661 P.2d 931 (Or. 1983).
· cites it 6× “ORS 116.093(1) designates those persons to whom notice is to be sent prior to closing and discharge: “Upon filing the final account and petition for decree of distribution, the personal representative shall fix a time for filing objections thereto in a notice thereof.”
Tilton v. Lee, 298 P.3d 559 (Or. Ct. App. 2013).
· cites it 4× “4 Notice of time to file objections to the final accounting was sent to each of the heirs as required by ORS 116.093, and no objection was filed. However, in a September 3 letter opinion addressed again to petitioner’s counsel, the trial court reprised and expanded upon its…”
Waybrant v. Bernstein, 706 P.2d 1002 (Or. Ct. App. 1985).
· cites it 9× “3 ORS 116.093 designates those persons to whom defendant had to give notice of closure: “(1) Upon filing the final account and petition for decree of distribution, the personal representative shall fix a time for filing objections thereto in a notice thereof.”
In Re Complaint as to the Conduct of Altstatt, 897 P.2d 1164 (Or. 1995).
“090(4) provides that “[a]ll attorney fee applications and accountings in estates, guardianships and conservatorships must be served in the manner and on the persons described in ORS 116.093, ORS 126.283 and acts amendatory thereof.”
In Re Morris, 953 P.2d 387 (Or. 1998).
“For the reasons that follow, we agree with the trial panel that the timing of the events surrounding the filing of the altered final account establishes that the accused knew *502 that she was filing an altered and misleading document with the court: By virtue of her substantial…”
Lawver v. Beesley, 740 P.2d 1215 (Or. Ct. App. 1987).
· cites it 7× “Bernstein, 75 Or App 550, 555, 706 P2d 1002 (1985), we stated: “On the record here, plaintiff did not receive notice [as required by ORS 116.093 which provides for notice of the time for filing objections to the final account and to the petition for decree of final distribution.”
Hobbs v. Harrington, 391 P.3d 915 (Or. Ct. App. 2017).
· cites it 3× “103 provides: “Any person entitled to notice under ORS 116.093 may, within the time fixed for the filing, file in the estate proceeding objections to the final account and petition for distribution, specifying the particulars of the objection.”
Matter of Est. of Vander Galien, 614 P.2d 127 (Or. Ct. App. 1980).
“103, "[a]ny person entitled to notice under ORS 116.093 may, within the time fixed for the filing, file in the estate proceeding his objections to the final account and petition for distribution, specifying the particulars of the objections.”
Adams v. West Coast Trust, 338 P.3d 171 (Or. Ct. App. 2014).
· cites it 3× “Under ORS 116.093, the personal representative “shall fix a time for filing objections [to the final accounting] in a notice thereof.”
Smith v. Lovejoy, 552 P.2d 606 (Or. Ct. App. 1976).
“ORS 116.093. Moreover, he did not give notice to Sister Cantera of his petition for a support order in violation of ORS 114.”
First Interstate Bank v. Haynes, 743 P.2d 1139 (Or. Ct. App. 1987).
· cites it 2× “1 Although it is not clear what the court meant by “colorable claim,” Bank’s claim that it did not receive notice as required by ORS 116.093(1) (c) and (d) is substantially the same as the claim held “colorable” in Way-brant.”
State ex rel. Washington Cnty. v. Betschart, 697 P.2d 206 (Or. Ct. App. 1985).
“The appellant contended that the decree had been issued without notice to him, that he had a potential tort claim and that notice to potential tort claimants was required under ORS 116.093(1). The appellant argued that the decree therefore was void as to him and, accordingly,…”
— Or. Rev. Stat. § 116.093(1) — 7 cases
Waybrant v. Bernstein, 661 P.2d 931 (Or. 1983).
“ORS 116.093(1) designates those persons to whom notice is to be sent prior to closing and discharge: “Upon filing the final account and petition for decree of distribution, the personal representative shall fix a time for filing objections thereto in a notice thereof.”
In Re Morris, 953 P.2d 387 (Or. 1998).
“For the reasons that follow, we agree with the trial panel that the timing of the events surrounding the filing of the altered final account establishes that the accused knew *502 that she was filing an altered and misleading document with the court: By virtue of her substantial…”
Waybrant v. Bernstein, 706 P.2d 1002 (Or. Ct. App. 1985).
“3 ORS 116.093 designates those persons to whom defendant had to give notice of closure: “(1) Upon filing the final account and petition for decree of distribution, the personal representative shall fix a time for filing objections thereto in a notice thereof.”
Hobbs v. Harrington, 391 P.3d 915 (Or. Ct. App. 2017).
“103 provides: “Any person entitled to notice under ORS 116.093 may, within the time fixed for the filing, file in the estate proceeding objections to the final account and petition for distribution, specifying the particulars of the objection.”
Lawver v. Beesley, 740 P.2d 1215 (Or. Ct. App. 1987).
“Bernstein, 75 Or App 550, 555, 706 P2d 1002 (1985), we stated: “On the record here, plaintiff did not receive notice [as required by ORS 116.093 which provides for notice of the time for filing objections to the final account and to the petition for decree of final distribution.”
— Or. Rev. Stat. § 116.093(1)(d) — 1 case
Waybrant v. Bernstein, 706 P.2d 1002 (Or. Ct. App. 1985).
“3 ORS 116.093 designates those persons to whom defendant had to give notice of closure: “(1) Upon filing the final account and petition for decree of distribution, the personal representative shall fix a time for filing objections thereto in a notice thereof.”
— Or. Rev. Stat. § 116.093(l)(c) — 2 cases
Waybrant v. Bernstein, 661 P.2d 931 (Or. 1983).
“ORS 116.093(1) designates those persons to whom notice is to be sent prior to closing and discharge: “Upon filing the final account and petition for decree of distribution, the personal representative shall fix a time for filing objections thereto in a notice thereof.”
First Interstate Bank v. Haynes, 743 P.2d 1139 (Or. Ct. App. 1987).
“1 Although it is not clear what the court meant by “colorable claim,” Bank’s claim that it did not receive notice as required by ORS 116.093(1) (c) and (d) is substantially the same as the claim held “colorable” in Way-brant.”
— Or. Rev. Stat. § 116.093(l)(d) — 2 cases
Waybrant v. Bernstein, 661 P.2d 931 (Or. 1983).
“ORS 116.093(1) designates those persons to whom notice is to be sent prior to closing and discharge: “Upon filing the final account and petition for decree of distribution, the personal representative shall fix a time for filing objections thereto in a notice thereof.”
Lawver v. Beesley, 740 P.2d 1215 (Or. Ct. App. 1987).
“Bernstein, 75 Or App 550, 555, 706 P2d 1002 (1985), we stated: “On the record here, plaintiff did not receive notice [as required by ORS 116.093 which provides for notice of the time for filing objections to the final account and to the petition for decree of final distribution.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.