ORS § 114.540

Current through legislation effective June 3, 2022
Section 114.540 - Procedure for claims; disallowance; summary determination
(1)
(a) A claim against an estate with respect to which a small estate affidavit is filed may be presented to the affiant within four months after the affidavit was filed. If an amended small estate affidavit is filed under ORS 114.515 (6), claims against the estate may be presented within four months after the filing of the amended affidavit.
(b) Except as provided in ORS 114.550, a claim presented after the limitations described in paragraph (a) of this subsection is barred.
(c) Filing a claim with the court does not constitute presentation to the affiant.
(d)
(A) Except as provided in subparagraph (B) of this paragraph, a claim is presented to the affiant when the claim is mailed or personally delivered to the affiant at the mailing address for presentment of claims included in the small estate affidavit under ORS 114.525.
(B) If the affiant authorized creditors to present claims by electronic mail or facsimile communication in the small estate affidavit as provided in ORS 114.525, a claim is presented to the affiant when it is sent to the electronic mail address or the facsimile number designated by the affiant for presentment of claims, unless the sender receives a notice that the electronic mail was not delivered or the facsimile communication was not successful. If the affiant denies receiving the electronic mail or facsimile communication, the burden of proof is on the creditor to demonstrate that the electronic mail was properly addressed and sent or that the facsimile communication was properly addressed and successfully delivered or transmitted.
(e) Each claim presented to the affiant must include the information required by ORS 115.025.
(2)
(a) A claim presented to the affiant that was not listed in the small estate affidavit 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 must state the reason for the disallowance and 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 files a petition for summary determination as provided in section 12 of this 2019 Act; or
(B) A petition for appointment of a personal representative of the estate is filed within the time allowed under ORS 114.555.
(b) Statement of a reason for disallowance under this subsection is not an admission by the affiant and does not preclude the assertion of other defenses to the claim.

ORS 114.540

Amended by 2019 Ch. 165,§ 10, eff. 1/1/2020.
1989 c.228 §7; 2003 c. 523, § 3; 2005 c. 122, § 4