74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 690
House Bill 2362
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary for Oregon State Bar Estate Planning Section)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires that petitions, reports and accounts in proceedings
before probate court must include declaration under penalty of
perjury in lieu of notarized verification.
Clarifies that short form final accounting may be used in
estate proceedings even though administrative expenses requiring
court approval have not been paid at time account is filed.
A BILL FOR AN ACT
Relating to proceedings in probate courts; creating new
provisions; and amending ORS 111.205, 116.083, 116.253 and
125.325.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 111.205 is amended to read:
111.205. No particular pleadings or forms thereof are required
in the exercise of jurisdiction of probate courts. The mode of
procedure in the exercise of jurisdiction is in the nature of an
action not triable by right to a jury except as otherwise
provided by statute. The proceedings shall be in writing and upon
the petition of a party in interest or the order of the court.
All petitions, reports and accounts { - shall be verified - }
{ + in proceedings before a probate court must include a
declaration under penalty of perjury in the form required by ORCP
1 E made + } by at least one of the persons making { - them - }
{ + the petitions, reports and accounts + } or by the attorney
for the person, or in case of a corporation by its agent. The
court exercises its powers by means of:
(1) A petition of a party in interest.
(2) A notice to a party.
(3) A subpoena to a witness.
(4) Orders and judgments.
(5) An execution or warrant to enforce its orders and
judgments.
SECTION 2. ORS 116.083 is amended to read:
116.083. (1) A personal representative shall make and file in
the estate proceeding { - a verified - } { + an + } account
of the personal representative's administration:
(a) Unless the court orders otherwise, annually within 60 days
after the anniversary date of the personal representative's
appointment.
(b) Within 30 days after the date of the personal
representative's removal or resignation or the revocation of the
personal representative's letters.
(c) When the estate is ready for final settlement and
distribution.
(d) At such other times as the court may order.
(2) Each account must include the following information:
(a) The period of time covered by the account.
(b) The total value of the property with which the personal
representative is chargeable according to the inventory, or, if
there was a prior account, the amount of the balance of the prior
account.
(c) All money and property received during the period covered
by the account.
(d) All disbursements made during the period covered by the
account. Vouchers for disbursements must accompany the account,
unless otherwise provided by order or rule of the court, or
unless the personal representative is a trust company that has
complied with ORS 709.030, but that personal representative
shall:
(A) Maintain the vouchers for a period of not less than one
year following the date on which the order approving the final
account is entered;
(B) Permit interested persons to inspect the vouchers and
receive copies thereof at their own expense at the place of
business of the personal representative during the personal
representative's normal business hours at any time prior to the
end of the one-year period following the date on which the order
approving the final account is entered; and
(C) Include in each annual account and in the final account a
statement that the vouchers are not filed with the account but
are maintained by the personal representative and may be
inspected and copied as provided in subparagraph (B) of this
paragraph.
(e) The money and property of the estate on hand.
(f) Such other information as the personal representative
considers necessary to show the condition of the affairs of the
estate or as the court may require.
{ + (g) A declaration under penalty of perjury in the form
required by ORCP 1 E. + }
(3) When the estate is ready for final settlement and
distribution, the account must also include:
(a) A statement that all Oregon income, inheritance and
personal property taxes, if any, have been paid, or if not so
paid, that payment of those taxes has been secured by bond,
deposit or otherwise, and that all required tax returns have been
filed.
(b) A petition for a judgment authorizing the personal
representative to distribute the estate to the persons and in the
portions specified therein.
(4) If the distributees consent thereto in writing and all
creditors of the estate have been paid in full { + other than
creditors owed administrative expenses that require court
approval + }, the personal representative, in lieu of the final
account otherwise required by this section, may file a
{ - verified - } statement that includes the following:
(a) The period of time covered by the statement.
(b) A statement that all creditors have been paid in full { +
other than creditors owed administrative expenses that require
court approval + }.
(c) The statement and petition referred to in subsection (3) of
this section.
{ + (d) A declaration under penalty of perjury in the form
required by ORCP 1 E. + }
(5) Notice of time for filing objections to the
{ - verified - } statement described in subsection (4) of this
section is not required.
(6) The Chief Justice of the Supreme Court may by rule specify
the form and contents of accounts that must be filed by a
personal representative.
SECTION 3. ORS 116.253 is amended to read:
116.253. (1) Within 10 years after the death of a decedent
whose estate escheated in whole or in part to the state, or
within eight years after the entry of a judgment or order
escheating property of an estate to the state, a claim may be
made for the property escheated, or the proceeds thereof, by or
on behalf of a person not having actual knowledge of the escheat
or by or on behalf of a person who at the time of the escheat was
unable to prove entitlement to the escheated property.
(2) The claim shall be made by a petition filed with the
Director of the Department of State Lands. The claim is
considered a contested case as provided in ORS 183.310 and there
is the right of judicial review as provided in ORS 183.480. The
petition { - shall be verified in the same manner as a petition
in probate - } { + must include a declaration under penalty of
perjury in the form required by ORCP 1 E + } and shall state:
(a) The age and place of residence of the claimant by whom or
on whose behalf the petition is filed;
(b) That the claimant lawfully is entitled to the property or
proceeds, briefly describing the property or proceeds;
(c) That at the time the property escheated to the state the
claimant had no knowledge or notice thereof or was unable to
prove entitlement to the escheated property and has subsequently
acquired new evidence of that entitlement;
(d) That the claimant claims the property or proceeds as an
heir or devisee or as the personal representative of the estate
of an heir or devisee, setting forth the relationship, if any, of
the claimant to the decedent who at the time of death was the
owner;
(e) That 10 years have not elapsed since the death of the
decedent, or that eight years have not elapsed since the entry of
the judgment or order escheating the property to the state; and
(f) If the petition is not filed by the claimant, the status of
the petitioner.
(3) If it is determined that the claimant is entitled to the
property or the proceeds thereof, the Director of the Department
of State Lands shall deliver the property to the petitioner,
subject to and charged with any tax on the property and the costs
and expenses of the state in connection therewith.
(4) If the person whose property escheated or reverted to the
state was at any time an inmate of a state institution in Oregon
for the mentally ill or mentally deficient, the reasonable unpaid
cost, as determined by the Department of Human Services, of the
care and maintenance of the person while a ward of the
institution, regardless of when the cost was incurred, may be
deducted from, or, if necessary, be offset in full against, the
amount of the escheated property.
(5) For the purposes of this section, the death of the decedent
is presumed to have occurred on the date shown in the decedent's
death certificate or in any other similar document issued by the
jurisdiction in which the death occurred or issued by an agency
of the federal government.
SECTION 4. ORS 125.325 is amended to read:
125.325. Within 30 days after each anniversary of appointment,
a guardian for an adult protected person shall file with the
court a { - verified - } written report. { + The report must
include a declaration under penalty of perjury in the form
required by ORCP 1 E. + }Copies of the guardian's report must be
given to those persons specified in ORS 125.060 (3). The report
shall be in substantially the following form:
_________________________________________________________________
IN THE ______
COURT ________ COUNTY,
STATE OF OREGON
DEPARTMENT OF PROBATE
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matter of )hNo. ____
Guardianship of )
________
, )
(Name of protecte)
person) )
A Protected )
Person. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
GUARDIAN'S REPORT
I am the guardian for the person named above, and I make the
following report to the court as required by law:
1. My name is ________.
2. My address and telephone number are:
_______________
_______________
Phone ________
3. The name, if applicable, and address of the place where the
person now resides are:
_______________
_______________
4. The person is currently residing at the following type of
facility or residence:
_______________
5. The person is currently engaged in the following programs
and activities and receiving the following services (brief
description):
_______________
6. I was paid for providing the following items of lodging,
food or other services to the person:
_______________
_______________
7. The name of the person primarily responsible for the care of
the person at the person's place of residence is:
_______________
8. The name and address of any hospital or other institution
where the person is now admitted on a temporary or permanent
basis are:
_______________
_______________
9. The person's physical condition is as follows (brief
description):
_______________
_______________
10. The person's mental condition is as follows (brief
description):
_______________
_______________
11. I made the following contacts with the person during the
past year (brief description):
_______________
12. I made the following major decisions on behalf of the
person during the past year (brief description):
_______________
13. I believe the guardianship should or should not continue
because:
_______________
14. At the time of my last report, I held the following amount
of money on behalf of the person: $____. Since my last report, I
received the following amount of money on behalf of the person:
$____. I spent the following amount of money on behalf of the
person: $____. I now hold the following amount of money on behalf
of the person: $____.
15. A true copy of this report will be given to the person, any
conservator for the person and any other person who has requested
notice.
16. Since my last report:
(a) I have been convicted of the following crimes (not
including traffic violations):
_______________
(b) I have filed for or received protection from creditors
under the Federal Bankruptcy Code (yes or no): ___.
(c) I have had a professional or occupational license revoked
or suspended (yes or no): ___.
(d) I have had my driver license revoked or suspended (yes or
no): ___.
17. Since my last report, I have delegated the following powers
over the protected person for the following periods of time
(provide name of person powers delegated to):
_______________
Dated this __ day of _____, 2__.
_______________
Guardian
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
STATE OF OREGON ) - }
{ -
) ss. - }
{ -
County of _____
) - }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ - I, ______ (guardian's name), being first duly sworn, say
that the above statements are true. - }
{ - _______________ - } { -
- } { - (Guardian's signature) - }
{ - SUBSCRIBED AND SWORN TO before me this ___ day of _____,
2__. - }
{ - _______________
- } { -
- } { - NOTARY PUBLIC FOR OREGON - }
{ - My commission expires: _____ - }
{ + I hereby declare that the above statement is true to the
best of my knowledge and belief, and that I understand it is made
for use as evidence in court and is subject to penalty for
perjury. + }
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SECTION 5. { + The amendments to ORS 111.205, 116.083, 116.253
and 125.325 by sections 1 to 4 of this 2007 Act apply only to
petitions, reports and accounts filed in proceedings before a
probate court on or after the effective date of this 2007
Act. + }
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