(b) A creditor of the decedent whose claim is listed in the small estate affidavit as disputed may within four months after the filing of the affidavit or amended affidavit listing the disputed claim file with the probate court a petition for summary determination of the creditor’s claim by the court.
(2) The court shall hear a petition for summary determination filed under this section without a jury, after notice to the creditor and affiant, and any interested person may be heard in the proceeding.
(3) The claim may be proved as provided in ORS 115.195.
(4) Upon a hearing under this section the court shall determine the claim in a summary manner and shall make an order allowing or disallowing the claim in whole or in part.
(5) An order of the court made upon summary determination under this section may not be appealed and may be enforced only by the filing of a petition for summary review under ORS 114.550. [2019 c.165 §12]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 114 - Administration of Estates Generally
Section 114.005 - Occupancy of principal dwelling of decedent by spouse and children.
Section 114.015 - Support of spouse and children.
Section 114.025 - Petition for support and answer.
Section 114.055 - Nature of support.
Section 114.215 - Devolution of and title to property; custody of pets.
Section 114.225 - Possession and control of decedent’s estate.
Section 114.305 - Transactions authorized for personal representative.
Section 114.325 - Power to sell, mortgage, lease and deal with property.
Section 114.355 - Sale or encumbrance to personal representative voidable; exceptions.
Section 114.365 - Validation of certain sales.
Section 114.405 - Personal liability of personal representative.
Section 114.415 - Copersonal representatives; when joint action required.
Section 114.425 - Discovery of property, writings and information.
Section 114.441 - Definitions for ORS 114.441 to 114.462.
Section 114.444 - Application.
Section 114.447 - Court approval of settlement of personal injury claim or wrongful death claim.
Section 114.450 - Deferral of requirements.
Section 114.453 - Petition for appointment of personal representative.
Section 114.459 - Waiver of requirements.
Section 114.505 - Definitions for ORS 114.505 to 114.560.
Section 114.510 - Value limitations for small estate.
Section 114.525 - Content of affidavit; rules.
Section 114.537 - Safe deposit boxes.
Section 114.540 - Procedure for claims.
Section 114.542 - Summary determination.
Section 114.547 - Sales and transfers to third parties.
Section 114.549 - Liability of affiant.
Section 114.552 - Filing fees.
Section 114.555 - Transfer of interest of decedent in property described in affidavit.
Section 114.560 - Exclusive remedy.
Section 114.600 - Elective share generally.
Section 114.605 - Amount of elective share.
Section 114.610 - Manner of making election.
Section 114.620 - Waiver of right to elect and other rights.
Section 114.630 - Augmented estate.
Section 114.635 - Exclusions from augmented estate.
Section 114.665 - Decedent’s nonprobate estate; property owned immediately before death.
Section 114.675 - Surviving spouse’s estate.
Section 114.690 - Decedent’s nonprobate transfers to surviving spouse.
Section 114.700 - Priority of sources from which elective share payable.
Section 114.705 - Liability of recipients of decedent’s nonprobate estate.