Statute Text
Applicability of Oregon Rules of Civil Procedure and Oregon Evidence Code;
contested issues in probate proceedings.
(1) As used in this section:
(a) Probate
proceeding means a proceeding under ORS chapter 111, 112, 113, 114, 115, 116
or 117 for the administration of a decedents estate.
(b) Probate
proceeding does not include:
(A) A proceeding
for summary determination of a claim under ORS 115.145 (1)(b); or
(B) A declaratory
judgment action under ORS chapter 28.
(2) Except as
otherwise provided in ORS 111.205, 111.218, 112.588, 113.005, 113.105, 114.720,
115.315, 116.083 or 116.253, the Oregon Rules of Civil Procedure and the Oregon
Evidence Code do not apply to probate proceedings.
(3)
Notwithstanding subsection (2) of this section:
(a) ORCP 12
applies to any probate proceeding.
(b) ORCP 9, 10 A,
16 B, 16 D, 17, 18, 19, 21, 22, 23, 25, 27, 29, 30, 31, 33, 34 A to F, 36 to
43, 44 A, B, D and E, 45, 46, 47, 53, 55, 62, 64 A and C to G, 65, 67, 68, 71,
72 and 78 apply to a contested issue in a probate proceeding.
(c) The Oregon
Evidence Code applies to a contested issue in a probate proceeding.
(4) For the
purposes of applying the Oregon Rules of Civil Procedure to a contested issue
in a probate proceeding:
(a) Plaintiff
means any party asserting a claim for relief, whether by way of petition or
motion; and
(b) Defendant
means:
(A) Any party
against whom the claim is asserted;
(B) Any party
objecting to the petition or motion; or
(C) If the court
issues a show cause order, the party subject to the order.
(5)(a) For the
purposes of this section, an issue in a probate proceeding is contested if it
is or arises from:
(A) A petition or
motion for declaratory judgment, including a will contest;
(B) A petition to
remove a court-appointed fiduciary;
(C) A petition or
motion for affirmative relief of any sort against a person;
(D) A petition or
motion to apportion the proceeds of a wrongful death settlement;
(E) If filed by a
person other than the personal representative:
(i) A motion to
increase the amount of the bond of the personal representative, or to require a
new bond;
(ii) A petition
to restrict the powers of the personal representative;
(iii) A petition
to determine heirship;
(iv) A petition
for instructions; or
(v) A petition to
appoint a fiduciary other than the fiduciary nominated in the will admitted to
probate;
(F) Any other
petition or motion to which another person has filed an objection; or
(G) Any other
petition, motion or show cause order determined by the court to be a contested
issue in a probate proceeding.
(b)
Notwithstanding paragraph (a) of this subsection, unless otherwise determined
by the court, the following are not contested issues in probate proceedings:
(A) A petition
for summary review of administration of a simple estate under ORS 114.550;
(B) A petition or
motion for summary determination of a claim as provided in ORS 114.542 or
115.145 (1)(a); or
(C) An
application for an order directing payment of a claim under ORS 115.185.
(6) Nothing in
this section is intended to affect the burden of proof or standard of proof
that is applied in probate proceedings. [2021 c.282 §2; 2023 c.17 §7; 2025 c.34
§5]
Note:
Section 6 (3), chapter 34, Oregon
Laws 2025, provides:
Sec. 6.
(3) The amendments to ORS 111.200
by section 5 of this 2025 Act apply to contested issues first raised in a
probate proceeding on or after the effective date of this 2025 Act [January 1,
2026]. [2025 c.34 §6(3)]