2021 Oregon Revised Statutes
Chapter 114 - Administration of Estates Generally
Section 114.549 - Liability of affiant.


(1) All of the estate of the decedent that comes into the possession of the affiant at any time, including income from the estate.
(2) All property not a part of the estate if:
(a) The affiant has commingled the property with the assets of the estate; or
(b) The property was received under a duty imposed on the affiant by law in the capacity of affiant.
(3) Any loss to the estate arising from:
(a) Neglect or unreasonable delay in collecting the assets of the estate.
(b) Neglect in paying over money or delivering property of the estate.
(c) Failure to pay taxes as required by law or to close the estate within a reasonable time.
(d) Embezzlement or commingling of the assets of the estate with other property.
(e) Unauthorized self-dealing.
(f) Any other negligent or willful act or nonfeasance in the administration of the estate by which loss to the estate arises. [2019 c.165 §16]

Structure 2021 Oregon Revised Statutes

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 114.456 - Information to beneficiaries and Department of Human Services and Oregon Health Authority.

Section 114.459 - Waiver of requirements.

Section 114.462 - Motion to close estate; objections; judgment; discharge of personal representative.

Section 114.505 - Definitions for ORS 114.505 to 114.560.

Section 114.510 - Value limitations for small estate.

Section 114.515 - Small estate affidavit; who may file; fee; amended affidavit; procedure when value of estate exceeds limitations; acknowledgment by clerk.

Section 114.520 - Authorization from State Treasurer required for filing of affidavit by creditor if decedent dies intestate and without heirs; rules.

Section 114.525 - Content of affidavit; rules.

Section 114.535 - Transfer of decedent’s property to affiant; payment of debt owing to decedent motion to compel transfer or payment.

Section 114.537 - Safe deposit boxes.

Section 114.540 - Procedure for claims.

Section 114.542 - Summary determination.

Section 114.545 - Affiant as fiduciary; duties, functions and powers of affiant; limitation of liability of financial institution.

Section 114.547 - Sales and transfers to third parties.

Section 114.549 - Liability of affiant.

Section 114.550 - Summary review of administration of estate; hearing; order; removal of affiant; surcharge.

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.

Section 114.710 - Protective order.

Section 114.720 - Proceedings to claim elective share.