Oregon Statutes 116.093 – Notice for filing objections to final account and petition for distribution; rules
(1) Upon filing the final account and petition for a judgment of distribution, the personal representative shall set a time for filing objections to the account and petition. Not less than 20 days before the time set, the personal representative shall mail a copy of the final account and petition for judgment and notice of the time set for objections to:
Terms Used In Oregon Statutes 116.093
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- 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.
- Devise: To gift property by will.
(a) Each distributee at the last-known address of the distributee.
(b) Each creditor who has not received payment in full and whose claim has not otherwise been barred.
(2) If a charitable trust as described in ORS § 130.170, a public benefit corporation as defined in ORS § 65.001 or a religious organization is a residuary beneficiary of the estate, or if a charitable trust, a public benefit corporation or a religious organization will receive less under the judgment than the amount of a specific devise to the trust, corporation or organization, the personal representative shall mail the notice under subsection (1) of this section to the Attorney General.
(3) The notice need not be mailed to the personal representative.
(4) Proof of the mailing to those persons entitled to notice shall be filed in the estate proceeding at or before approval of the final account.
(5) If the Department of Human Services has presented a claim under ORS Chapter 411 or ORS § 416.310 to 416.340, 416.350 or 417.010 to 417.080, or the Oregon Health Authority has presented a claim under ORS Chapter 414 or ORS § 416.310 to 416.340, 416.350 or 416.510 to 416.990, or the Department of Corrections has presented a claim under ORS § 179.620 (3), and the claim has not been settled or paid in full, the personal representative shall mail to the appropriate agency a copy of the final account at the same time, and shall make proof of the mailing in the same manner, as the notice provided for in this section.
(6) The Oregon Health Authority may adopt rules designating the Department of Human Services as the appropriate department to receive the final account for claims presented by the authority under subsection (5) of this section. [1969 c.591 § 176; 1969 c.597 § 280; 1989 c.348 § 14; 2001 c.487 § 14; 2001 c.900 § 20a; 2003 c.576 § 376; 2005 c.381 § 21; 2007 c.284 § 13; 2009 c.595 § 82; 2011 c.720 § 62; 2017 c.169 § 34]