2021 Oregon Revised Statutes
Chapter 116 - Accounting, Distribution and Closing
Section 116.208 - Motion to close estate with no known assets; judgment; discharge of personal representative.


(2) The motion must state that no assets of the estate have come into the possession or knowledge of the personal representative and that the purpose for filing the petition under ORS 113.035 has been accomplished.
(3) The personal representative shall set a time for filing objections to the motion to close the estate. Not less than 20 days before the time set, the personal representative shall mail a copy of the motion to close the estate to the persons who would be entitled to receive a copy of the final account under ORS 116.093.
(4) If the court grants the motion, the court shall enter a general judgment closing the estate and discharging the personal representative. The discharge so entered operates as a release of the personal representative from further duties and as a bar to any action against the personal representative. The court may, in its discretion and upon such terms as may be just, within one year after entry of the judgment of discharge, permit an action to be brought against the personal representative if the judgment of discharge was taken through fraud or misrepresentation of the personal representative or through the mistake, inadvertence, surprise or excusable neglect of the claimant. [2019 c.414 ยง9]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 03 - Landlord-Tenant, Domestic Relations, Probate

Chapter 116 - Accounting, Distribution and Closing

Section 116.007 - Allocation of income.

Section 116.013 - Petition and order for partial distribution.

Section 116.063 - Liability of personal representative.

Section 116.073 - Nonliability of personal representative.

Section 116.083 - Accounting by personal representative; statement in lieu of account; rules.

Section 116.093 - Notice for filing objections to final account and petition for distribution; rules.

Section 116.113 - Judgment of final distribution.

Section 116.133 - Distribution; order in which assets appropriated; abatement.

Section 116.143 - Interest on pecuniary devises.

Section 116.173 - Compensation of personal representative.

Section 116.183 - Expenses of personal representative; determination of attorney fees.

Section 116.208 - Motion to close estate with no known assets; judgment; discharge of personal representative.

Section 116.253 - Recovery of escheated property.

Section 116.263 - Payment of debt and delivery of property to foreign personal representative without local administration.

Section 116.303 - Definitions for ORS 116.303 to 116.383.

Section 116.323 - Apportionment proceedings; equitable apportionment; penalties and interest; court determination.

Section 116.333 - Withholding of tax; recovery from distributee; bond of distributee.

Section 116.343 - Allowances for exemptions, deductions and credits.