Oregon Revised Statutes Chapter 113 § 113.005 — Special
Oregon Revised Statutes Chapter 113 ·
Oregon Code § 113.005·Enacted ·Last updated March 01, 2026
Statute Text
Special
administrators.
(1) If, prior to appointment and qualification of a personal representative,
property of a decedent is in danger of loss, injury or deterioration, or
disposition of the remains of a decedent is required, the court may appoint a
special administrator to take charge of the property or the remains. The
petition for appointment must state the reasons for special administration and
specify the property, so far as known, requiring administration, and the danger
to which it is subject.
(2)(a) Except as
provided in ORS 113.007, the special administrator may not act, and letters may
not be issued to the special administrator, until the special administrator
provides a bond to the clerk of the court. The bond must be for the security
and benefit of all interested persons and must be conditioned upon the special
administrator faithfully performing the duties of the position. The bond must
be executed by a surety qualified under ORCP 82 D to G.
(b) The amount of
the bond set by the court under this subsection must be adequate to protect
interested persons. In setting the amount of the bond, the court shall
consider:
(A) The nature,
liquidity and apparent value of the property subject to administration.
(B) The
anticipated income during administration.
(C) The probable
indebtedness and taxes.
(3) The court may
authorize the special administrator to:
(a) Arrange for
and incur expenses for the funeral of the decedent;
(b) Incur
expenses for the protection of property of the estate; and
(c) Administer
property of the estate.
(4) The special
administrator may not approve or reject claims of creditors or pay claims or
expenses of administration or take possession of assets of the estate other
than those in danger of loss, injury or deterioration pending the appointment
of a personal representative.
(5) Upon the
appointment and qualification of a personal representative the powers of the
special administrator cease. Within 30 days after the issuance of letters
testamentary or letters of administration to a personal representative, the
special administrator shall make and file an account and deliver to the
personal representative the assets of the estate in the possession of the
special administrator. If the personal representative objects to the account of
the special administrator, the court shall hear the objections, and, whether or
not objections are made, shall examine the account.
(6) To the extent
approved by the court, the compensation of the special administrator and
expenses properly incurred by the special administrator, including a reasonable
fee of the attorney of the special administrator, shall be paid as expenses of
administration. [1969 c.591 §80; 1999 c.592 §1; 2016 c.42 §20; 2017 c.169 §4]
Plain English Explanation
This Oregon statute addresses Special
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 113.005
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Special
. Read the full statute text above for details.
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