2021 Oregon Revised Statutes
Chapter 113 - Initiation of Estate Proceedings
Section 113.035 - Petition for appointment of personal representative and probate of will.


(1) The name, age, domicile, post-office address and date and place of death of the decedent.
(2) Whether the decedent died testate or intestate.
(3) The facts relied upon to establish venue.
(4) The name and post-office address of the person nominated as personal representative and the facts that show the person is qualified to act.
(5) The names, relationship to the decedent and post-office addresses of persons who are or would be the heirs of the decedent upon the death of the decedent intestate, and the ages of any who are minors.
(6) A statement that reasonable efforts have been made to identify and locate all heirs of the decedent. If the petitioner knows of any actual or possible omissions from the list of heirs, the petition must include a statement indicating that there are omissions from the information relating to heirs.
(7) If the decedent died testate, the names and post-office addresses of the devisees, and the ages of any who are minors. If the will devises property to a person who did not survive the decedent or who is otherwise not entitled to receive the devise, the petition must include a statement explaining why the devise failed. If the petitioner knows of any actual or possible omissions from the list of devisees, the petition must include a statement indicating that there are omissions from the information relating to devisees.
(8) The name and post-office address of any person asserting an interest in the estate, or on whose behalf an interest has been asserted, based on a contention that:
(a) The will alleged in the petition to be the will of the decedent is ineffective in whole or part;
(b) There exists a will that has not been alleged in the petition to be the will of the decedent; or
(c) The decedent agreed, promised or represented that the decedent would make or revoke a will or devise, or not revoke a will or devise, or die intestate.
(9) The name and post-office address of any person asserting an interest in the estate, or on whose behalf an interest has been asserted, based on a contention that a parent of the decedent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent, as provided by ORS 112.047.
(10) Whether the original of the last will of the decedent is in the possession of the court or accompanies the petition. If the original will is not in the possession of the court or accompanying the petition and an authenticated copy of the will probated in another jurisdiction does not accompany the petition, the petition shall also state the contents of the will and indicate that it is lost, destroyed or otherwise unavailable and that it was not revoked.
(11) A statement of the extent and nature of assets of the estate, if any, to enable the court to set the amount of bond of the personal representative.
(12) If the petition states that no assets of the estate are known to the petitioner under subsection (11) of this section and the petition is not filed under ORS 114.453, a statement of the purpose for filing the petition.
(13) If the petition is filed under ORS 114.453, a statement that the petitioner is filing the petition for the sole purpose of pursuing a wrongful death claim, and the other information required under ORS 114.453. [1969 c.591 §83; 1973 c.506 §19; 1991 c.704 §1; 2003 c.395 §10; 2005 c.741 §4; 2017 c.169 §7; 2019 c.414 §§1,1a]

Structure 2021 Oregon Revised Statutes

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 113.015 - Venue.

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 113.087 - Effect of accepting appointment as personal representative; notices to be sent to 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 113.145 - Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority.

Section 113.155 - Publication of notice to interested persons.

Section 113.175 - Property discovered after inventory filed.

Section 113.185 - Appraisal.

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.

Section 113.238 - Requirements and prohibitions related to certain decedents who die intestate and without heirs.

Section 113.242 - Authority of estate administrator.