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Estate administration in Oregon

Key takeaway

An Oregon personal representative has broad power over estate property without court order. Special administrators step in when property is at risk, and conservators must inventory a protected person's property within 90 days. A special administrator posts a bond with the court clerk before acting and hands over estate assets within 30 days after letters issue to the personal representative.

Personal representative powers

A personal representative may sell, mortgage, lease or otherwise deal with estate property without notice, hearing or court order, subject to statutory exceptions.

A personal representative may employ a qualified and disinterested appraiser to help appraise estate property whose value may be subject to reasonable doubt.

If administration is incomplete and the sole or last surviving personal representative dies, is removed or resigns with court acceptance, the court must appoint a successor.

Special administrators

A court may appoint a special administrator before a personal representative is appointed when estate property is at risk of loss, injury or deterioration, or remains must be handled.

A special administrator may not act, and letters may not issue, until the special administrator provides a bond to the court clerk for the security and benefit of all interested persons, with a statutory exception.

A special administrator's powers cease when a personal representative is appointed and qualified. The special administrator must file an account and deliver estate assets within 30 days after letters issue.

Conservators and institutions

A conservator must file an inventory of the protected person's estate property within 90 days after appointment, unless the court grants a longer time.

An operating institution may presume the truth of statements in the required affidavit. When relying on it, the institution is discharged as if it had dealt with the decedent's personal representative.

Sources
  • Oregon Revised Statutes, oregonlegislature.gov (link)

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