(2) A petition under this section must be filed not later than:
(a) Four months after the date of delivery or mailing of the information described in ORS 113.145 if that information was required to be delivered or mailed to the person on whose behalf the petition is filed; or
(b) If the person on whose behalf the petition is filed was not required to be named as an interested person in the petition for appointment of a personal representative:
(A) Four months after the first publication of notice to interested persons; or
(B) If notice to interested persons was not published, one year after the decedent’s date of death.
(3) The petitioner has the burden of proving the facts alleged in a petition filed under this section by:
(a) If the petitioner is a child or sibling of the decedent, a preponderance of evidence; or
(b) If the petitioner is not a child or sibling of the decedent, clear and convincing evidence. [2005 c.741 §3; 2019 c.461 §5]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 112 - Intestate Succession and Wills
Section 112.015 - Net intestate estate; effect of exclusion by will.
Section 112.025 - Share of surviving spouse if decedent leaves descendants.
Section 112.045 - Share of others than surviving spouse.
Section 112.049 - Petition for forfeiture of parent’s share.
Section 112.058 - Preferences and presumptions in escheat proceedings.
Section 112.065 - Passage by representation.
Section 112.105 - Succession where parents not married.
Section 112.135 - When gift is an advancement; valuation of advancement.
Section 112.145 - Effect of advancement on distribution.
Section 112.175 - Adopted persons.
Section 112.232 - Uniform International Wills Act.
Section 112.235 - Execution of a will.
Section 112.255 - Validity of execution of a will; incorporation by reference.
Section 112.265 - Testamentary additions to trusts.
Section 112.272 - In terrorem clauses valid and enforceable; exceptions.
Section 112.285 - Express revocation or alteration; partial revocation not valid.
Section 112.305 - Revocation by marriage; exceptions.
Section 112.385 - Nonademption of specific devises in certain cases.
Section 112.400 - Effect of failure of devise.
Section 112.455 - Definitions for ORS 112.455 to 112.555.
Section 112.465 - Slayer or abuser considered to predecease decedent.
Section 112.475 - Jointly owned property.
Section 112.495 - Reversions, vested remainders, contingent remainders and future interests.
Section 112.505 - Property appointed; powers of revocation or appointment.
Section 112.515 - Proceeds of insurance on life and other benefit plans of decedent.
Section 112.525 - Proceeds of insurance on life of slayer or abuser.
Section 112.555 - Final judgment as conclusive; evidence of felonious and intentional killing.
Section 112.570 - Definitions for ORS 112.570 to 112.590.
Section 112.572 - Requirement of survival.
Section 112.578 - Construction of survivorship provisions in governing instruments.
Section 112.580 - Co-owners with right of survivorship; requirement of survival.
Section 112.582 - Evidence of death or status.
Section 112.588 - Protection of payors and other third parties.
Section 112.590 - Protection of bona fide purchasers; personal liability of recipient.
Section 112.715 - Application to certain property.
Section 112.725 - Rebuttable presumptions.
Section 112.765 - Rights of purchaser.
Section 112.775 - Application and construction.
Section 112.800 - Definition for ORS 112.800 to 112.830.
Section 112.805 - Exclusive manner of disposing of wills; destroyed will not revoked.
Section 112.810 - Duties of custodian of will.
Section 112.815 - Conditions for disposal of will.
Section 112.820 - Procedure for destruction of will; affidavit.