Chapter 523 Oregon Laws 2003

AN ACT

HB 2342

Relating to probate; creating new provisions; and amending ORS 114.540, 115.005 and 115.195.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 115.005 is amended to read:

115.005. (1) Claims against the estate of a decedent, other than claims of the personal representative as a creditor of the decedent, shall be presented to the personal representative.

(2) Except as provided in subsection (3) of this section, a claim is barred from payment from the estate if not presented within the statute of limitations applicable to the claim and before the later of:

(a) Four months after the date of first publication of notice to interested persons; or

(b) If the claim was one with respect to which the personal representative was required to deliver or mail a notice under ORS 115.003 (2), 30 days after a notice meeting the requirements of ORS 115.003 (3) is delivered or mailed to the last-known address of the person asserting the claim.

(3) A claim against the estate presented [subsequent to the day] after [which] claims are barred under subsection (2) of this section shall be paid from the estate [, but only to the extent that payment can be made without prejudice to payment of expenses having priority over claims under ORS 115.125 and payment of the previously presented claims of other persons, if it meets each of the following requirements] if the claim:

(a) [It] Is presented [on or] before the [day after which claims are barred under subsection (4) of this section] expiration of the statute of limitations applicable to the claim and [also] before [the day on which] the personal representative files the final account;

(b) [It] Is presented by a person who did not receive a notice under ORS 115.003 mailed or delivered more than 30 days prior to the date on which the claim is presented and who is not an assignee of a person who received such notice; and

(c) [It] Would be allowable but for the time at which [it] the claim is presented.

(4) [Claims not presented within two years after the death of the decedent or within the applicable statute of limitations, whichever is earlier, are barred from payment from the estate.] A claim against an estate may be paid under subsection (3) of this section only after payment of all expenses having priority over claims under ORS 115.125 and payment of all previously presented claims.

(5) This section does not affect or prevent:

(a) Any proceeding to enforce a mortgage, pledge or other lien upon property of the estate, or to quiet title or reform any instrument with respect to title to property; or

(b) To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which the decedent or personal representative is protected by liability insurance at the time the proceeding is commenced.

[(6) A claim by the state for the recovery of public assistance, as defined by ORS 411.010, is not subject to subsection (4) of this section if the public assistance was provided to the decedent or the spouse of the decedent and assets were not disclosed to the state at the time the public assistance was provided. The provisions of this subsection do not affect the application of the time limits imposed by subsections (2) and (3) of this section to claims made by the state for the recovery of public assistance.]

SECTION 2. ORS 115.195 is amended to read:

115.195. (1) A claim that has been disallowed by the personal representative may not be allowed by any court except upon some competent, satisfactory evidence other than the testimony of the claimant.

(2) Notwithstanding subsection (1) of this section, claims for recovery of public assistance as defined by ORS 411.010 may be allowed based on evidence in the form of documents from the Department of Human Services that contain information relating to that public assistance, such as the date that services were provided to the decedent, the classification of those services, the name of the provider or the provider’s identification number, and the amount of the public assistance payment made for the services. The documents may be prints obtained from microfilm or microfiche, or printouts from computer records or other electronic storage medium. Notwithstanding ORS 40.460 and 40.510, a document described in this subsection is prima facie evidence of the information contained in the document and is not excluded from introduction as hearsay, and extrinsic evidence of authenticity of the document as a condition precedent to admissibility is not required, if the document bears a seal that on its face is the seal of the Director of Human Services or the designee of the director and:

(a) For a print obtained from microfilm or microfiche, also bears a statement indicating that the print is a true copy of the microfilm or microfiche record, signed by a person who purports to be an officer or employee of the Department of Human Services; or

(b) For a printout from computer records or other electronic storage medium, also bears a statement indicating that the printout accurately reflects the data retrieved, signed by a person who purports to be an officer or employee of the Department of Human Services.

SECTION 3. ORS 114.540 is amended to read:

114.540. (1) A claim against an estate with respect to which an affidavit is filed under ORS 114.515 may be presented to the affiant within four months after the affidavit was filed. Each claim presented to the affiant shall include the information required by ORS 115.025.

(2) A claim presented to the affiant shall be considered allowed as presented unless within 60 days after the date of presentment of the claim the affiant mails or delivers a notice of disallowance of the claim in whole or in part to the claimant and any attorney for the claimant. A notice of disallowance of a claim shall inform the claimant that the claim has been disallowed in whole or in part and, to the extent disallowed, will be barred unless:

(a) The claimant proceeds as provided in subsection (3) of this section; or

(b) A personal representative is appointed within the time allowed under ORS 114.555.

(3) A creditor of the estate whose claim has been presented within the time permitted by subsection (1) of this section and disallowed by the affiant may within 30 days after the date of mailing or delivery of the notice of disallowance file with the probate court a petition for summary determination of the claim by the court. A creditor of the decedent whose claim is listed in the affidavit as disputed may within four months after the filing of the affidavit file with the probate court a petition for summary determination of the creditor’s claim by the court. The court shall hear the matter without a jury, after notice to the creditor and affiant, and any interested person may be heard in the proceeding. The claim may be proved as provided in ORS 115.195 (2). Upon the hearing 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. If the court allows the claim in whole or in part, the order shall direct the affiant, to the extent of property of the estate allocable to the payment of the claim pursuant to ORS 115.125, or any claiming successor to whom payment, delivery or transfer has been made under ORS 114.505 to 114.560 as a person entitled thereto as disclosed in the affidavit, to the extent of the value of the property received, to pay to the creditor the amount so allowed. No appeal may be taken from the order of the court made upon the summary determination.

SECTION 4. (1) Except as provided in subsection (2) of this section, the amendments to ORS 115.005 by section 1 of this 2003 Act apply to claims against the estates of all decedents, without regard to whether death occurs before, on or after the effective date of this 2003 Act. Except as provided in subsection (2) of this section, the amendments to ORS 115.005 by section 1 of this 2003 Act revive claims barred by the requirement of ORS 115.005 (4), as in effect immediately before the effective date of this 2003 Act, that claims be made within two years after the death of the decedent.

(2) The amendments to ORS 115.005 by section 1 of this 2003 Act do not apply to the estate of any decedent for which a decree of final distribution has been entered under ORS 116.113.

Approved by the Governor July 1, 2003

Filed in the office of Secretary of State July 1, 2003

Effective date January 1, 2004

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