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Oregon Revised Statutes

Or. Rev. Stat. § 116.233 (2026)

Reopening estate of decedent

✓ current as of May 2026
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      116.233 Reopening estate of decedent. Upon the petition of any interested person, the court, with such notice as it may prescribe, may order the estate of a decedent reopened if other property is discovered, if any necessary act remains unperformed or for any other proper cause appearing to the court. The court may reappoint the former personal representative, or appoint another personal representative, to administer any additional property or to perform such other acts as are considered necessary. The provisions of law as to original administration apply, in so far as applicable, to accomplish the purpose for which the estate is reopened, but a claim that already is adjudicated or barred may not be asserted in the reopened administration. [1969 c.591 §190]

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1971–2025 · leading case: Price v. Lotlikar, 397 P.3d 54 (Or. Ct. App. 2017).
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Price v. Lotlikar, 397 P.3d 54 (Or. Ct. App. 2017). · cites it 6× “*696 Two days after the estate was closed, Lotlikar and Ma filed a petition to reopen it, pursuant to ORS 116.233, which provides, “Upon the petition of any interested person, the court, with such notice as it may prescribe, may order the estate of a decedent reopened if other…”
Wells v. Wells, 496 P.2d 718 (Or. 1972). · cites it 19× “Conn file a supplemental brief stating if his position is supported by ORS 116.233 and also whether the Probate Court had an inherent power apart from any statute to reopen the estate and continue Anna Wells as administratrix.”
Waybrant v. Bernstein, 661 P.2d 931 (Or. 1983). · cites it 3× “ORS 116.233 specifically provides for a procedure whereby the decree may be vacated and the closed estate reopened for further proceedings: “Upon the petition of any interested person, the court, with such notice as it may prescribe, may order the estate of a decedent reopened…”
Rennie v. Pozzi, 656 P.2d 934 (Or. 1982). · cites it 2× “ORS 116.233. An ex parte order granting this petition was issued and soon thereafter Richard Rennie, as administrator of the estate, commenced these actions.”
Rennie v. Freeway Transp., 640 P.2d 704 (Or. Ct. App. 1982). · cites it 2× “Thereafter, defendants made an appearance in probate court and had plaintiffs appointment set aside on the basis that he was not an “interested person” and had no standing to apply to reopen of the estate under ORS 116.233 1 and ORS 111.005(19). 2 There was no appeal from this…”
Hein v. Thiel, 549 P.2d 514 (Or. 1976). “Furthermore, procedures are provided by ORS 116.233 for the reopening of decedents’ estates and no showing was made by plaintiff that such procedures would be unavailable or inadequate, so as to result in prejudice.”
Est. of Walker v. Comm'r, 90 T.C. 253 (Tax Ct. 1988). “Furthermore, Or. Rev. Stat. sec. 116.233 provides: Reopening estate of the decedent ↩ .”
Lawver v. Beesley, 740 P.2d 1215 (Or. Ct. App. 1987). · cites it 2× “On December 16,1981, decedent died, unmarried and childless, survived by four siblings. Petitioners are her three nephews, children of a predeceased brother.”
Waybrant v. Bernstein, 706 P.2d 1002 (Or. Ct. App. 1985). “We follow the Supreme Court in construing plaintiffs motion to vacate as a petition under ORS 116.233. See 294 Or at 668 .”
Cotton v. Lansing, 344 Or. App. 276 (Or. Ct. App. 2025). “” ORS 116.233 (“Upon the petition of any interested person, the court, with such notice as it may prescribe, may order the estate of a decedent reopened if other property is discovered, if any necessary act remains unperformed or for any other proper cause appearing to the court.”
Wells v. Wells, 490 P.2d 213 (Or. Ct. App. 1971). · cites it 2× “160, not Section 116.233.” Accordingly, we do not consider the applicability of the latter section to the facts of this case.”
State ex rel. Washington Cnty. v. Betschart, 697 P.2d 206 (Or. Ct. App. 1985). “The appellant argued that the decree therefore was void as to him and, accordingly, that he was entitled to have the estate reopened under ORS 116.233, which specifically provides for a procedure for vacating a decree and reopening a closed estate for further proceedings.”
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