Detailed answer — overview of heirs’ options under Oregon law

If the person appointed by the court to administer a decedent’s estate (the personal representative or administrator) is not responding to heirs or refuses to make proper distributions, beneficiaries have several court and non‑court options under Oregon law. The most common options are: demand an accounting in writing, petition the probate court to compel an accounting or distribution, ask the court to remove and replace the personal representative, seek monetary relief (surcharge or turnover) for mishandling estate property, and in some cases pursue criminal referral for theft or embezzlement.

Why an administrator may delay distribution

• Creditors’ claims are unresolved or the administrator is preserving assets pending potential claims;
• Administrator has not completed required estate paperwork (inventory, account, tax filings);
• Administrator is negligent, incompetent, incapacitated, or simply avoiding duties;
• Administrator is intentionally refusing distribution because of a dispute (e.g., over interpretation of the will, family disagreements, or alleged debts).

Immediate steps heirs should take

1. Send a written, dated request for an accounting and for distribution to the personal representative. Keep a copy.
2. Check probate case filings at the county court clerk to see what the administrator has filed (inventory, notices, accountings). Oregon courts provide probate information through local court clerks and the Oregon Judicial Department resources. See Oregon Judicial Department: Probate program (courts.oregon.gov/programs/probate).
3. If you receive no response, consult a probate attorney to review the file and draft court papers if needed.

Court remedies available in Oregon

Beneficiaries can ask the probate court to intervene. Typical petitions include:

• Petition for an accounting and order compelling distribution. The court can order the personal representative to provide a formal account of estate administration and to distribute assets consistent with the will or law.
• Petition for removal of the personal representative. If the administrator unreasonably fails to perform duties, engages in misconduct, misappropriates assets, or is otherwise unfit, beneficiaries can ask the court to remove and replace the administrator.
• Petition for surcharge or turnover. If the administrator improperly took or wasted estate property, the court can order the administrator to repay (surcharge) losses and to turn over assets.
• Contempt or sanctions motions. If the court has previously ordered action and the administrator ignores the order, the court can hold the administrator in contempt, impose sanctions, or award attorneys’ fees.
• Civil lawsuit for breach of fiduciary duty or conversion. Beneficiaries may sue personally if estate assets were misused or converted.

Statutory framework and useful resources

Oregon’s probate statutes and court rules govern the duties, powers, and removal of personal representatives. Relevant Oregon resources include the Oregon Revised Statutes (probate chapters) and the Oregon Judicial Department probate program pages. For the text of Oregon statutes, see the Oregon Legislature’s ORS pages (for example, the probate-related chapters): Oregon Revised Statutes (ORS). For practical probate guidance and forms, see the Oregon Judicial Department: Probate program: courts.oregon.gov/programs/probate.

Timing and practical considerations

Courts generally balance the rights of beneficiaries with the need to protect the estate from improper distributions while creditor claims remain pending. If creditors or taxes are unresolved, a personal representative may correctly delay distribution. However, unreasonable delay, failure to file required reports, or ignoring beneficiary requests are valid grounds for court action.

Hypothetical example

Hypothetical: Jane and Mark are sole heirs. An administrator was appointed but has not filed an inventory or responded to repeated written requests for an accounting for six months. Jane sends a formal written demand. When there is still no response, Jane files a petition in the county probate court requesting an order requiring an accounting and, if necessary, removal of the administrator and appointment of a successor. The court orders the administrator to file an inventory within 14 days and to show cause why they should remain as representative. If the administrator fails to comply, the court removes them, orders a surcharge for any missing funds, and appoints a successor administrator to close the estate and distribute assets to Jane and Mark.

Practical note: Court petitions have filing fees and lead times. In many counties, clerks can provide information about probate dockets and how to file a petition.

Where to find help

If you are a beneficiary and unsure how to proceed, consider:

• Contacting the county probate clerk to review the case file;
• Contacting the Oregon State Bar’s public resources or a probate attorney for a consultation;
• Gathering all communications, copies of the will, notices, and any receipts or bank statements you can obtain for the estate before meeting with an attorney.

Helpful Hints

• Always put requests in writing and keep copies and delivery proof (email or certified mail).
• Check the probate case file early—many administrators file required documents that beneficiaries don’t know about.
• Ask for a formal accounting, not just an informal update. Court-ordered accounts are more complete and can be enforced.
• Be aware of creditors’ deadlines—an administrator may have legitimate reasons to delay distribution while claims or taxes are settled.
• If you suspect theft or conversion, preserve evidence and consider both civil remedies and notifying law enforcement.
• Cost vs. benefit: court petitions and lawsuits cost money and time; discuss likelihood of recovery and timing with an attorney before proceeding.
• If multiple beneficiaries agree on action (for example, to remove an administrator), a united front can strengthen a petition to the court.
• Look up local court forms and procedures on the Oregon Judicial Department website or the county court’s website—rules and forms vary by county.