ORS 116.213: Discharge of personal representative.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
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]
This rule cites
- ORS 115.004 — resolved
Cited by
- ORS 35.400: Designation of person to exercise right of repurchase; effect of failure to designate; offer to repurchase; acceptance; notice; determination of price.
- SLR 5-9.063: DISCHARGE OF PERSONAL REPRESENTATIVE
- ORS 116.123: Effect of approval of final account.
- ORS 316.387: Election for final tax determination by personal representative; period for assessment of deficiency; discharge of personal representative from personal liability for tax.
- OAR 150-316-0452: Decedents’ Estate: Application for Discharge from Personal Liability for Tax on Decedent’s Income
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors116.html