Chapter 26
AN ACT
HB 2192
Relating to claims against estates; creating new provisions; amending
ORS 115.125; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 115.125 is amended to read:
115.125. (1) If the applicable assets of the estate are insufficient to
pay all expenses and claims in full, the personal representative shall make
payment in the following order:
(a) Support of spouse
and children, subject to the limitations imposed by ORS 114.065.
(b) Expenses of
administration.
(c) Expenses of a plain
and decent funeral and disposition of the remains of the decedent.
(d) Debts and taxes with
preference under federal law.
(e) Reasonable and
necessary medical and hospital expenses of the last illness of the decedent,
including compensation of persons attending the decedent.
(f) Taxes with
preference under the laws of this state that are due and payable while
possession of the estate of the decedent is retained by the personal representative.
(g) Debts owed employees
of the decedent for labor performed within 90 days immediately preceding the
date of death of the decedent.
(h) Child support
arrearages.
(i) The claim of the
Department of Human Services for the net amount of assistance paid to or for
the decedent, in the following order:
(A) The amount of the
state’s monthly contribution to the federal government to defray the costs of
outpatient prescription drug coverage provided to a person who is eligible for
Medicare Part D prescription drug coverage and who receives benefits under the
state medical assistance program or Title XIX of the Social Security Act;
(B) Public assistance,
as defined in ORS 411.010, funded entirely by moneys from the General Fund; [and]
(C) Public assistance,
as defined in ORS 411.010, funded by a combination of state and federal funds;
and
(D) Care and
maintenance of the decedent at a state institution, as provided in ORS 179.610
to 179.770.
(j) The claim of the
Department of Corrections for care and maintenance of any decedent who was at a
state institution to the extent provided in ORS 179.610 to 179.770.
(k) All other claims
against the estate.
(2) If the applicable
assets of the estate are insufficient to pay in full all expenses or claims of
any one class specified in subsection (1) of this section, each expense or
claim of that class shall be paid only in proportion to the amount thereof.
SECTION 2. The amendments to ORS 115.125 by section 1
of this 2007 Act apply only to a probate proceeding in which a petition for
appointment of personal representative is filed on or after the effective date
of this 2007 Act.
SECTION 3. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor April 9, 2007
Filed in the office of Secretary of State April 9, 2007
Effective date April 9, 2007
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