2021 Oregon Revised Statutes
Chapter 111 - General Provisions
Section 111.095 - Powers of probate court.

(2) The determinations, orders and judgments of a probate court have the same validity, finality and presumption of regularity as those of a circuit court.
(3) A probate court has full, legal and equitable powers to make declaratory judgments, as provided in ORS 28.010 to 28.160, in all matters involved in the administration of an estate, including matters pertaining to the title of real property and ownership of personal property, the determination of heirship and the distribution of the estate.
(4) A court having jurisdiction over a probate proceeding may:
(a) Compel the attendance of, or require the response to inquiries by and production of documents subject to discovery under ORCP 36 from, any person, including a beneficiary, creditor, fiduciary or any other person who may have knowledge about the decedent’s taxes, financial affairs or property.
(b) Exercise jurisdiction over any transaction entered into by a fiduciary to determine if a conflict of interest existed and enter an appropriate order or judgment with respect to the transaction.
(c) Surcharge a fiduciary and any surety for any loss caused by failure of a fiduciary to perform a fiduciary duty or any other duty imposed by ORS chapter 111, 112, 113, 114, 115, 116 or 117.
(d) Determine ownership of title for real or personal property.
(e) Subject to ORS chapter 90, require delivery of possession of property of the decedent, including records, accounts and documents relating to that property.
(f) Require the fiduciary to produce any and all records that might provide information about the condition of the estate’s property.
(g) Remove a fiduciary whenever that removal is in the best interests of the interested persons of an estate.
(h) Appoint a successor fiduciary when a fiduciary has died, resigned or been removed.
(i) Impose any conditions and limitations upon the fiduciary that the court considers appropriate, including limitations on the duration of the appointment.
(j) Without hearing or upon such hearing as the court may prescribe, rule on any matter concerning the administration, settlement or distribution of the estate, including the fiduciary’s authority, the court’s approval of the fiduciary’s actions or the court’s instructions to the fiduciary. [1969 c.591 §6; 1979 c.284 §102; 2016 c.42 §13; 2021 c.282 §6]

Structure 2021 Oregon Revised Statutes