116.213
Discharge of personal representative.
Upon the filing of receipts or other evidence satisfactory to the court that
distribution has been made as ordered in the general judgment, the court shall
enter a supplemental judgment of discharge. Except as provided in ORS 115.004,
the discharge so entered operates as a release of the personal representative
from further duties and as a bar to any action against the personal
representative and the surety of the personal representative. The court may, in
its discretion and upon such terms as may be just, within one year after entry
of the supplemental judgment of discharge, permit an action to be brought
against the personal representative and the surety of the personal
representative if the supplemental judgment of discharge was taken through
fraud or misrepresentation of the personal representative or the surety of the
personal representative or through the mistake, inadvertence, surprise or
excusable neglect of the claimant. [1969 c.591 §188; 1989 c.229 §9; 2003 c.576 §379]
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1983–2021 · leading case:
Waybrant v. Bernstein, 661 P.2d 931 (Or. 1983).
Waybrant v. Bernstein, 661 P.2d 931 (Or. 1983).
· cites it 2× “ORS 116.213 provides, in relevant part: “* * The court may, in its discretion and upon such terms as may be just, within one year after entry of the order of discharge, permit an action to be brought against the personal representative and his surety if the order of discharge…”
Lawver v. Lawvor, 740 P.2d 1220 (Or. Ct. App. 1987).
· cites it 3× “ORS 116.213 provides: “Upon the filing of receipts or other evidence satisfactory to the court that distribution has been made as ordered in the final decree, the court shall enter an order of discharge.”
Est. of Walker v. Comm'r, 90 T.C. 253 (Tax Ct. 1988).
“213 (1987), provides as follows with respect to discharge of personal representatives: Discharge of personal representative .”
Adams v. West Coast Trust, 338 P.3d 171 (Or. Ct. App. 2014).
“123 provides: “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…”
First Interstate Bank v. Haynes, 743 P.2d 1139 (Or. Ct. App. 1987).
“) Additionally, ORS 116.213 prohibits actions against the personal representative more than one year after the entry of an order discharging the personal representative.”
Yee v. Yee, 495 P.3d 1285 (Or. Ct. App. 2021).
· cites it 2× “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 116.213, are relieved…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.