Oregon Statutes 111.085 – Probate jurisdiction described
(1) The jurisdiction of the probate court includes, but is not limited to:
Terms Used In Oregon Statutes 111.085
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probate: Proving a will
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trustee: A person or institution holding and administering property in trust.
(a) Appointment and qualification of personal representatives.
(b) Probate and contest of wills.
(c) Determination of heirship.
(d) Determination of title to, rights in and possession of property claimed by or against personal representatives, guardians and conservators.
(e) Administration, settlement and distribution of estates of decedents.
(f) Construction of wills, whether incident to the administration or distribution of an estate or as a separate proceeding.
(g) Guardianships and conservatorships, including the appointment and qualification of guardians and conservators and the administration, settlement and closing of guardianships and conservatorships.
(h) Supervision and disciplining of personal representatives, guardians and conservators.
(i) If a testamentary trustee vacancy occurs during a probate proceeding and the will does not name a trustee or successor trustee who is able to serve, appointment of a testamentary trustee or successor testamentary trustee.
(2) The distributees of an estate administered in Oregon are subject to the jurisdiction of the courts of Oregon regarding any matter involving the distributees’ interests in the estate. By accepting a distribution from an estate, the distributee submits personally to the jurisdiction of the courts of this state regarding any matter involving the estate.
(3) This section does not preclude other methods of obtaining jurisdiction over a person to whom assets are distributed from an estate. [1969 c.591 § 5; 1973 c.177 § 1; 2017 c.169 § 2; 2021 c.282 § 5]