(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]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 113 - Initiation of Estate Proceedings
Section 113.005 - Special administrators.
Section 113.007 - Exceptions to bond requirement for special administrator.
Section 113.025 - Proceedings commenced in more than one county.
Section 113.035 - Petition for appointment of personal representative and probate of will.
Section 113.038 - Request for different method of compensation of personal representative.
Section 113.045 - Information of escheat to State Treasurer.
Section 113.055 - Testimony of attesting witnesses to will.
Section 113.065 - Establishing foreign wills.
Section 113.075 - Will contest.
Section 113.085 - Preference in appointing personal representative.
Section 113.092 - Convicted felon as nominated personal representative.
Section 113.095 - Persons not qualified to act as personal representatives.
Section 113.105 - Bond for personal representative.
Section 113.125 - Letters testamentary or of administration.
Section 113.155 - Publication of notice to interested persons.
Section 113.175 - Property discovered after inventory filed.
Section 113.195 - Removal of personal representative.
Section 113.205 - Powers of surviving personal representative.
Section 113.215 - Appointment of successor personal representative.
Section 113.225 - Notice to interested persons by successor personal representative.