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Oregon Revised Statutes

Or. Rev. Stat. § 179.740 (2026)

Collection from estates; settlement

✓ current as of May 2026
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      179.740 Collection from estates; settlement. (1) The Department of Corrections, the Department of Human Services or the Oregon Health Authority, as appropriate, may file a claim against the decedent’s estate for any unpaid charges under ORS 179.620 (3). This shall be done in the same manner as claims of creditors and with the priorities provided in ORS 115.125.

      (2) If, within 90 days following the person’s death, the person’s estate is not otherwise being probated, the agency may petition any court of competent jurisdiction for the issuance of letters of administration or testamentary. This action would be for the purpose of collecting the full amount of unpaid cost of care as determined by ORS 179.701 and limited by ORS 179.620 (3). However, the agency may not file a petition under this subsection until at least 90 days after the death of the person who was at the state institution and then only in the event that the person’s estate is not otherwise being probated.

      (3) The agency may settle any claim against the decedent’s estate during the pendency of the probate proceeding by accepting other security or in any other equitable manner. The agency may waive all or part of the claim if it finds collection of this amount due to be inequitable.

      (4) The agency may not recover amounts that exceed the total cost of care of the deceased person as computed under ORS 179.701 and limited by ORS 179.620 (3). [1959 c.652 §§16,17,18; 1961 c.501 §4; 1969 c.591 §297; 1973 c.546 §11; 1979 c.684 §4; 1989 c.348 §10; 2001 c.487 §10; 2009 c.595 §156]

Notes of Decisions
Cited in 3 cases, 1967–1991 · leading case: Fredenburg v. Mental Health Div., 807 P.2d 812 (Or. Ct. App. 1991).
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Fredenburg v. Mental Health Div., 807 P.2d 812 (Or. Ct. App. 1991). “For purposes of this section and ORS 179.740, the person’s estate shall not include assets placed in trust for the person by other persons.”
State Bd. of Control v. Loprinzi, 424 P.2d 889 (Or. 1967). “Following the death of Rose Loprinzi and the appointment of an administrator, the Board of Control properly filed its claim against the estate as provided in ORS 179.740(1). The same statute in Section 3 provides: “(3) The board may compromise any claim against the estate of a…”
Owens v. Heisel, 679 P.2d 331 (Or. Ct. App. 1984). “For purposes of this section and ORS 179.740, the person’s estate shall not include assets placed in trust for the person by other persons.”
— Or. Rev. Stat. § 179.740(1) — 1 case
State Bd. of Control v. Loprinzi, 424 P.2d 889 (Or. 1967). “Following the death of Rose Loprinzi and the appointment of an administrator, the Board of Control properly filed its claim against the estate as provided in ORS 179.740(1). The same statute in Section 3 provides: “(3) The board may compromise any claim against the estate of a…”
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