SLR 4-9.031: PROBATE FILINGS

(1) All Petitioners in estate proceedings shall state their full legal name in the Petition. (2) Petitions to open estate proceedings must clarify the relation of each heir to the deceased following consanguinity and passage by representation as described in ORS 112.045 and ORS 112.065, to enable the court to confirm that distribution of estate assets is just and proper. (3) Petitions to open estate proceedings that include requests to waive bonds shall clearly explain the reason waiver is just and proper in light of all known assets and creditors, and shall be supported by contemporaneously filing consents from all expected distributees of the estate whose interest would be affected by the waiver of bond. (4) Petitions to open estate proceedings shall disclose whether any devisee’s bequest will fail, and the reasons that the failure is inevitable. (5) All petitions, inventories, reports and accountings in any probate proceeding (estates, protective proceedings, and trust matters) must be in writing and include a declaration under penalty of perjury in the form required by ORCP 1 E. The declaration must be made by at least one of the persons making the pleading or by the attorney for the person, or in the case of a business entity by an authorized agent. A declarant who is physically outside the boundaries of the United States must make an unsworn declaration under ORS 194.800 (Short title) to 194.835 (Relation to Electronic Signatures in Global and National Commerce Act). (6) Judgments or orders seeking restriction of assets in lieu of bond must separately restrict real property and personal property. The judgment or order must have an adequate description of the assets to be restricted. If restricting real property, please include the language “similar to”, for example the real property will not be sold, leased, or otherwise encumbered for a period greater than one year without prior Order of the Court. If restricting personal property also include language that the Acknowledgement of Restriction of Assets will be filed with the court within 30 days of appointment.