Oregon Statutes 113.075 – Will contest
(1) Any interested person may contest the probate of the will or the validity of the will or assert an interest in the estate for the reason that:
Terms Used In Oregon Statutes 113.075
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Decedent: A deceased person.
- Devise: To gift property by will.
- Intestate: Dying without leaving a will.
- 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
(a) The will alleged in the petition for probate to be the will of the decedent is ineffective in whole or part;
(b) There exists a will that has not been alleged in the petition to be the will of the decedent; or
(c) The decedent agreed, promised or represented that the decedent would make or revoke a will or devise, or not revoke a will or devise, or die intestate.
(2) An action described in subsection (1) of this section must be commenced by the filing of a petition in the probate proceedings, except that an action described in subsection (1)(c) of this section may be commenced by the filing of a separate action in any court of competent jurisdiction.
(3) An action described in subsection (1) of this section must be commenced before the later of:
(a) Four months after the date of delivery or mailing of the information described in ORS § 113.145 if that information was required to be delivered or mailed to the person on whose behalf the action under subsection (1) of this section is filed; or
(b) Four months after the date of publication of notice to interested persons if the person on whose behalf the action under subsection (1) of this section is filed was not required to be named in the petition for probate as an interested person.
(4)(a) A person who commences an action under subsection (1) of this section shall give notice of the action to heirs and devisees identified in the petition for probate or amended petition for probate, and to the State Treasurer if the personal representative has delivered or mailed information to the State Treasurer under ORS § 113.045.
(b) If any devisee under the contested will is a charitable trust as described in ORS § 130.170, a public benefit corporation as defined in ORS § 65.001 or a religious organization, a person who commences an action under subsection (1) of this section shall give notice to the Attorney General of the action.
(5) A cause of action described in subsection (1)(c) of this section may not be presented as a claim under ORS Chapter 115. [1969 c.591 § 87; 1973 c.506 § 23; 1991 c.704 § 2; 2017 c.169 § 12; 2019 c.678 § 33; 2023 c.18 § 5]
Section 11, chapter 18, Oregon Laws 2023, provides:
The amendments to statutes by sections 1 to 10 of this 2023 Act apply to probate proceedings commenced on or after the effective date of this 2023 Act [January 1, 2024]. [2023 c.18 § 11]
[Repealed by 1969 c.591 § 305]