Oregon Statutes 111.095 – Powers of probate court
(1) A probate court has the general legal and equitable powers of a circuit court.
Terms Used In Oregon Statutes 111.095
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Decedent: A deceased person.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fiduciary: A trustee, executor, or administrator.
- 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
- Personal property: All property that is not real property.
- Probate: Proving a will
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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.
(2) The determinations, orders and judgments of a probate court have the same validity, finality and presumption of regularity as those of a circuit court.
(3) A probate court has full, legal and equitable powers to make declaratory judgments, as provided in ORS § 28.010 to 28.160, in all matters involved in the administration of an estate, including matters pertaining to the title of real property and ownership of personal property, the determination of heirship and the distribution of the estate.
(4) A court having jurisdiction over a probate proceeding may:
(a) Compel the attendance of, or require the response to inquiries by and production of documents subject to discovery under ORCP 36 from, any person, including a beneficiary, creditor, fiduciary or any other person who may have knowledge about the decedent‘s taxes, financial affairs or property.
(b) Exercise jurisdiction over any transaction entered into by a fiduciary to determine if a conflict of interest existed and enter an appropriate order or judgment with respect to the transaction.
(c) Surcharge a fiduciary and any surety for any loss caused by failure of a fiduciary to perform a fiduciary duty or any other duty imposed by ORS Chapter 111, 112, 113, 114, 115, 116 or 117.
(d) Determine ownership of title for real or personal property.
(e) Subject to ORS Chapter 90, require delivery of possession of property of the decedent, including records, accounts and documents relating to that property.
(f) Require the fiduciary to produce any and all records that might provide information about the condition of the estate’s property.
(g) Remove a fiduciary whenever that removal is in the best interests of the interested persons of an estate.
(h) Appoint a successor fiduciary when a fiduciary has died, resigned or been removed.
(i) Impose any conditions and limitations upon the fiduciary that the court considers appropriate, including limitations on the duration of the appointment.
(j) Without hearing or upon such hearing as the court may prescribe, rule on any matter concerning the administration, settlement or distribution of the estate, including the fiduciary’s authority, the court’s approval of the fiduciary’s actions or the court’s instructions to the fiduciary. [1969 c.591 § 6; 1979 c.284 § 102; 2016 c.42 § 13; 2021 c.282 § 6]