A person is not qualified to act as personal representative if the person is:

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(1) Incapacitated or financially incapable, as those terms are defined in ORS § 125.005.

(2) A minor.

(3) A person suspended for misconduct or disbarred from the practice of law, during the period of suspension or disbarment.

(4) A person who has resigned from the Oregon State Bar when charges of professional misconduct are under investigation or when disciplinary proceedings are pending against the person, until the person is reinstated.

(5) A licensed funeral service practitioner unless the decedent was:

(a) A relative of the licensed funeral service practitioner; or

(b) A licensed funeral service practitioner who was a partner, employee or employer in the practice of the licensed funeral service practitioner who is petitioning for appointment as personal representative. [1969 c.591 § 89; 1973 c.308 § 1; 1973 c.506 § 24; 1975 c.781 § 6; 1993 c.287 § 1; 2001 c.779 § 11; 2003 c.14 § 43; 2017 c.169 § 14]