116.113
Judgment of final distribution.
(1) If no objections to the final account and petition for distribution are
filed, or if objections are filed, upon the hearing or upon the filing of a
statement in lieu of the final account under ORS 116.083 (5), the court shall
enter a general judgment of final distribution. In the judgment the court shall
designate the persons in whom title to the estate available for distribution is
vested and the portion of the estate or property to which each is entitled
under the will, by agreement approved by the court or pursuant to intestate
succession. The judgment shall also contain any findings of the court in
respect to:
(a) Advancements.
(b) Election
against will by the surviving spouse.
(c) Renunciation.
(d) Lapse.
(e) Adjudicated
controversies.
(f) Partial
distribution, which shall be confirmed or modified.
(g) Retainer.
(h) Claims for
which a special fund is set aside, and the amount set aside.
(i) Contingent
claims that have been allowed and are still unpaid.
(j) Any reserve
requested under ORS 116.083.
(k) Attorney
fees.
(L) Approval of
the final account or the statement filed in lieu of the final account under ORS
116.083 (5) in whole or in part.
(2) If, by
agreement approved by the court, property is distributed to persons in whom
title is vested by the judgment of final distribution otherwise than as
provided by the will or pursuant to intestate succession, the judgment operates
as a transfer of the property between those persons.
(3) The judgment
of final distribution is a conclusive determination of the persons who are the
successors in interest to the estate and of the extent and character of their
interest, subject only to the right of appeal and the power of the court to
vacate the judgment. [1969 c.591 §178; 1987 c.646 §2; 1989 c.921 §1; 1995 c.453
§3; 1999 c.59 §26; 2003 c.576 §377; 2005 c.568 §34; 2017 c.169 §35; 2019 c.414 §11]
116.115 [1961 c.674 §4; 1969 c.175 §11;
renumbered 97.295]
116.120 [Repealed by 1969 c.591 §305]
Notes of Decisions
Cited in
20
cases (
2 in the last 5 years), 1975–2025 · leading case:
Springer v. Gollyhorn, 934 P.2d 501 (Or. Ct. App. 1997).
Springer v. Gollyhorn, 934 P.2d 501 (Or. Ct. App. 1997).
· cites it 14× “We rejected that argument because the order was interim in character and the controversy could only be finally settled in the trial court by a decree of final distribution issued pursuant to ORS 116.113. As is evident, the money judgment in this case implicates ORS 19.”
Waybrant v. Bernstein, 661 P.2d 931 (Or. 1983).
“Subsequently, on August 5, 1980, a decree was issued which closed the DeMary estate and discharged the defendant as personal representative.”
Roley v. Sammons, 105 P.3d 879 (Or. Ct. App. 2005).
· cites it 3× “See ORS 116.113(4) (“The judgment of final distribution is a conclusive determination of the persons who are the successors in interest to the estate and of the extent and character of their interest therein, subject only to the right of appeal and the power of the court to…”
Smith v. Caldwell, 71 P.3d 584 (Or. Ct. App. 2003).
· cites it 2× “No decree of final distribution has been entered in the probate proceeding, see ORS 116.113(4); rather, the “judgment” that appellants seek to challenge is merely an interim order in that proceeding.”
Reynolds v. Givens, 695 P.2d 946 (Or. Ct. App. 1985).
“” ORS 116.113(4) provides that “[t]he decree of final distribution is a conclusive determination of the persons who are successors in interest to the estate and of the extent and character of their interest therein, subject only to the right of *253 appeal and power of the court…”
Harrington v. Thomas, 663 P.2d 1298 (Or. Ct. App. 1983).
“The order does not decree a final distribution of the estate, ORS 116.113, nor does it terminate the conservatorship.”
Lawver v. Beesley, 740 P.2d 1215 (Or. Ct. App. 1987).
· cites it 5× “Petitioners are her three nephews, children of a predeceased brother. They would have inherited a share of the estate if decedent had died intestate.”
Hobbs v. Harrington, 391 P.3d 915 (Or. Ct. App. 2017).
· cites it 3× “ORS 116.113. A judgment of final distribution is the “conclusive determination of the persons who are the successors in interest to the estate and of the extent and character of their interest therein.”
Cotton v. Lansing, 344 Or. App. 276 (Or. Ct. App. 2025).
· cites it 3× “” 3 Both ORS 116.113 and ORS 111.095 were amended after the probate court administering Helen’s estate entered the Judgment of Final Distribution, but because those amendments do not affect our analysis, we have quoted the current version of ORS 116.”
Widing v. Est. of Widing, 944 P.2d 969 (Or. Ct. App. 1997).
· cites it 4× “The trial court had not approved or disapproved of a final account of the final distribution of the estate, which would have closed the estate and would have conclusively determined the extent and allocation of the distribution of the estate under ORS 116.113. We noted that an…”
Veberes v. Phillips, 542 P.2d 928 (Or. Ct. App. 1975).
· cites it 5× “043, providing for a decree of partial distribution before an estate is closed, and ORS 116.113, providing for a decree of final distribution along with approval of the final accounts to close an estate.”
Waybrant v. Bernstein, 706 P.2d 1002 (Or. Ct. App. 1985).
“ORS 116.113(4); Lothstein v. Fitzpatrick, 171 Or 648, 657 , 138 P2d 919 (1943).”
— Or. Rev. Stat. § 116.113(1) — 5 cases
Springer v. Gollyhorn, 934 P.2d 501 (Or. Ct. App. 1997).
“We rejected that argument because the order was interim in character and the controversy could only be finally settled in the trial court by a decree of final distribution issued pursuant to ORS 116.113. As is evident, the money judgment in this case implicates ORS 19.”
Veberes v. Phillips, 542 P.2d 928 (Or. Ct. App. 1975).
“043, providing for a decree of partial distribution before an estate is closed, and ORS 116.113, providing for a decree of final distribution along with approval of the final accounts to close an estate.”
Hobbs v. Harrington, 391 P.3d 915 (Or. Ct. App. 2017).
“ORS 116.113. A judgment of final distribution is the “conclusive determination of the persons who are the successors in interest to the estate and of the extent and character of their interest therein.”
— Or. Rev. Stat. § 116.113(1)(b) — 1 case
— Or. Rev. Stat. § 116.113(2) — 1 case
Springer v. Gollyhorn, 934 P.2d 501 (Or. Ct. App. 1997).
“We rejected that argument because the order was interim in character and the controversy could only be finally settled in the trial court by a decree of final distribution issued pursuant to ORS 116.113. As is evident, the money judgment in this case implicates ORS 19.”
— Or. Rev. Stat. § 116.113(3) — 3 cases
Cotton v. Lansing, 344 Or. App. 276 (Or. Ct. App. 2025).
“” 3 Both ORS 116.113 and ORS 111.095 were amended after the probate court administering Helen’s estate entered the Judgment of Final Distribution, but because those amendments do not affect our analysis, we have quoted the current version of ORS 116.”
— Or. Rev. Stat. § 116.113(4) — 15 cases
Springer v. Gollyhorn, 934 P.2d 501 (Or. Ct. App. 1997).
“We rejected that argument because the order was interim in character and the controversy could only be finally settled in the trial court by a decree of final distribution issued pursuant to ORS 116.113. As is evident, the money judgment in this case implicates ORS 19.”
Waybrant v. Bernstein, 661 P.2d 931 (Or. 1983).
“Subsequently, on August 5, 1980, a decree was issued which closed the DeMary estate and discharged the defendant as personal representative.”
Roley v. Sammons, 105 P.3d 879 (Or. Ct. App. 2005).
“See ORS 116.113(4) (“The judgment of final distribution is a conclusive determination of the persons who are the successors in interest to the estate and of the extent and character of their interest therein, subject only to the right of appeal and the power of the court to…”
Smith v. Caldwell, 71 P.3d 584 (Or. Ct. App. 2003).
“No decree of final distribution has been entered in the probate proceeding, see ORS 116.113(4); rather, the “judgment” that appellants seek to challenge is merely an interim order in that proceeding.”
Reynolds v. Givens, 695 P.2d 946 (Or. Ct. App. 1985).
“” ORS 116.113(4) provides that “[t]he decree of final distribution is a conclusive determination of the persons who are successors in interest to the estate and of the extent and character of their interest therein, subject only to the right of *253 appeal and power of the court…”
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