Oregon Statutes 111.205 – Commencement of probate proceeding; pleadings and mode of procedure; jury trial
(1) A probate proceeding is commenced by the filing of a petition in a court with jurisdiction over probate proceedings. Petitions to commence probate proceedings are authorized in ORS chapters 113 and 117.
Terms Used In Oregon Statutes 111.205
- 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
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Probate: Proving a will
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(2) No particular pleadings or forms of pleadings are required in the exercise of jurisdiction of probate courts. All petitions, inventories, reports and accountings in a probate proceeding 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 to 194.835.
(3) Actions in a probate proceeding are not triable by a jury except as otherwise provided by law. [1969 c.591 § 12; 1979 c.284 § 104; 2007 c.284 § 1; 2013 c.218 § 13; 2017 c.169 § 45; 2021 c.282 § 9]
[Repealed by 1969 c.591 § 305]
[1953 c.650 § 2; repealed by 1969 c.591 § 305]