116.123 Effect
of approval of final account.
To the extent that the final account is approved, the personal representative
and the surety of the personal representative, subject to the right of appeal,
to the power of the court to vacate its final orders and to the provisions of
ORS 116.213, are relieved from liability for the administration of the trust.
The court may disapprove the account in whole or in part, surcharge the
personal representative for any loss caused by any breach of duty and deny in
whole or in part the right of the personal representative to receive
compensation. [1969 c.591 §179]
116.125 [Repealed by 1969 c.591 §305]
116.130 [Repealed by 1969 c.591 §305]
Notes of Decisions
In Re Complaint as to the Conduct of Altstatt, 897 P.2d 1164 (Or. 1995).
“” 8 ORS 116.123 provides: “The court may disapprove the [final] account in whole or in part, surcharge the personal representative for any loss caused by any breach of duty and deny in whole or in part the right of the personal representative to receive compensation.”
Matter of Est. of White, 609 P.2d 365 (Or. 1980).
“See ORS 116.123. In summary, the approval of a settlement without notice to the beneficiaries does not deprive them of the rights to which they are entitled under the wrongful death statutes: the right to share in the proceeds of the action or its settlement and to have an…”
Est. of Grove v. Selken, 820 P.2d 895 (Or. Ct. App. 1991).
· cites it 2× “” ORS 116.123 provides, in part: “The court may * * * surcharge the personal representative for any loss caused by any breach of duty.”
Adams v. West Coast Trust, 338 P.3d 171 (Or. Ct. App. 2014).
· cites it 2× “See ORS 116.123. 1 They also challenge the probate court’s rejection of their request to set aside the personal representative’s sale of the mineral rights or to require NW Natural to disgorge $215,573,115.”
Yee v. Yee, 495 P.3d 1285 (Or. Ct. App. 2021).
“ORS 116.123 provides: “To the extent that the final account is approved, the personal representative and the surety of the personal rep- resentative, subject to the right of appeal, to the power of the court to vacate its final orders and to the provisions of ORS 116.”
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