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ORS 111.205

Applied in 12 court decisions — leading case O'Neill v. O'Neill (1976)

Most recently applied in Adams v. West Coast Trust (October 2014)

1969 c.591 §12; 1979 c.284 §104; 2007 c.284 §1; 2013 c.218 §13; 2017 c.169 §45; 2021 c.282 §9

How often courts cite this section

19731980199020002010201420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A probate proceeding is commenced by the filing of a petition in a court with jurisdiction over probate proceedings. Petitions to commence probate proceedings are authorized in ORS chapters 113 and 117.

(2) No particular pleadings or forms of pleadings are required in the exercise of jurisdiction of probate courts. All petitions, inventories, reports and accountings in a probate proceeding must be in writing and include a declaration under penalty of perjury in the form required by ORCP 1 E. The declaration must be made by at least one of the persons making the pleading or by the attorney for the person, or in the case of a business entity by an authorized agent. A declarant who is physically outside the boundaries of the United States must make an unsworn declaration under ORS 194.800 to 194.835.

(3) Actions in a probate proceeding are not triable by a jury except as otherwise provided by law.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.