Oregon Statutes 115.135 – Allowance and disallowance of claims; exception for estates with no known assets
(1) Except as provided in subsection (5) of this section, a claim presented to the personal representative shall be considered allowed as presented unless within 60 days after the date of presentation of the claim as provided in ORS § 115.005 the personal representative mails or delivers a notice of disallowance of the claim in whole or in part to the claimant and, if any, the attorney of the claimant. The personal representative shall file in the estate proceeding the claim as presented and a copy of the notice of disallowance.
Terms Used In Oregon Statutes 115.135
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(2) A notice of disallowance of a claim shall state the reason for the disallowance and inform the claimant that the claim has been disallowed in whole or in part and, to the extent disallowed, will be barred unless the claimant proceeds as provided in ORS § 115.145. Statement of a reason for disallowance under this subsection is not an admission by the personal representative and does not preclude the assertion of other defenses to the claim.
(3) The personal representative may rescind the previous allowance of an unpaid claim, if the claim was allowed because of error, misinformation or excusable neglect. Not less than 30 days before the date of the filing of the final account the personal representative shall give notice of rescission of previous allowance of a claim to the claimant and, if any, the attorney of the claimant in the same manner and containing the same information as a notice of disallowance.
(4) If allowed, the claim shall be paid only to the extent of the assets of the estate available for the payment of the claim pursuant to the priorities established in ORS § 115.115 and 115.125.
(5)(a) If the petition for appointment of the personal representative states that no assets of the estate are known to the petitioner and no assets of the estate have come into the possession or knowledge of the personal representative, the personal representative has no duty to allow or disallow claims presented to the personal representative.
(b) If the petition for appointment of the personal representative states that no assets or property of the estate are known to the petitioner and assets of the estate later come into the possession or knowledge of the personal representative, a claim presented to the personal representative before the filing of the inventory or supplemental inventory first showing assets of the estate shall be considered allowed as presented unless within 60 days after the date of filing of the inventory or supplemental inventory the personal representative mails or delivers a notice of disallowance of the claim in whole or in part to the claimant and, if any, the attorney of the claimant. The personal representative shall file in the estate proceeding the claim as presented and a copy of the notice of disallowance. [1969 c.591 § 153; 2017 c.169 § 31; 2019 c.414 § 7]
[Amended by 1955 c.292 § 1; repealed by 1969 c.591 § 305]