Oregon Statutes 111.200 – Applicability of Oregon Rules of Civil Procedure and Oregon Evidence Code; contested issues in probate proceedings
(1) As used in this section:
Terms Used In Oregon Statutes 111.200
- Decedent: A deceased person.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiduciary: A trustee, executor, or administrator.
- 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.
(a) ‘Probate proceeding’ means a proceeding under ORS Chapter 111, 112, 113, 114, 115, 116 or 117 for the administration of a decedent‘s estate.
(b) ‘Probate proceeding’ does not include:
(A) A proceeding for summary determination of a claim under ORS § 115.145 (1)(b); or
(B) A declaratory judgment action under ORS Chapter 28.
(2) Except as otherwise provided in ORS § 111.205, 111.218, 112.588, 113.005, 113.105, 114.720, 115.315, 116.083 or 116.253, the Oregon Rules of Civil Procedure and the Oregon Evidence Code do not apply to probate proceedings.
(3) Notwithstanding subsection (2) of this section:
(a) ORCP 12 applies to any probate proceeding.
(b) ORCP 9, 10 A, 16 B, 16 D, 17, 18, 19, 21, 22, 23, 25, 27, 29, 30, 31, 33, 34 A to F, 36 to 43, 44 A, B, D and E, 46, 47, 53, 55, 62, 64 A and C to G, 65, 67, 68, 71, 72 and 78 apply to a contested issue in a probate proceeding.
(c) The Oregon Evidence Code applies to a contested issue in a probate proceeding.
(4) For the purposes of applying the Oregon Rules of Civil Procedure to a contested issue in a probate proceeding:
(a) ‘Plaintiff’ means any party asserting a claim for relief, whether by way of petition or motion; and
(b) ‘Defendant’ means:
(A) Any party against whom the claim is asserted;
(B) Any party objecting to the petition or motion; or
(C) If the court issues a show cause order, the party subject to the order.
(5)(a) For the purposes of this section, an issue in a probate proceeding is contested if it is or arises from:
(A) A petition or motion for declaratory judgment, including a will contest;
(B) A petition to remove a court-appointed fiduciary;
(C) A petition or motion for affirmative relief of any sort against a person;
(D) A petition or motion to apportion the proceeds of a wrongful death settlement;
(E) If filed by a person other than the personal representative:
(i) A motion to increase the amount of the bond of the personal representative, or to require a new bond;
(ii) A petition to restrict the powers of the personal representative;
(iii) A petition to determine heirship;
(iv) A petition for instructions; or
(v) A petition to appoint a fiduciary other than the fiduciary nominated in the will admitted to probate;
(F) Any other petition or motion to which another person has filed an objection; or
(G) Any other petition, motion or show cause order determined by the court to be a contested issue in a probate proceeding.
(b) Notwithstanding paragraph (a) of this subsection, unless otherwise determined by the court, the following are not contested issues in probate proceedings:
(A) A petition for summary review of administration of a simple estate under ORS § 114.550;
(B) A petition or motion for summary determination of a claim as provided in ORS § 114.542 or 115.145 (1)(a); or
(C) An application for an order directing payment of a claim under ORS § 115.185.
(6) Nothing in this section is intended to affect the burden of proof or standard of proof that is applied in probate proceedings. [2021 c.282 § 2; 2023 c.17 § 7]