Contesting a Sibling’s Petition for Letters of Administration in Oregon

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

FAQ: Contesting a Petition for Appointment of a Personal Representative in Oregon

Short answer: If someone files a petition seeking letters of administration (appointment as personal representative) for a deceased person’s estate in Oregon, you can formally oppose that petition by filing a written objection with the probate court that has the case, serving the other parties, and asking the court for a hearing. Grounds can include lack of legal priority, incapacity, conflict of interest, misconduct, fraud, or other disqualifying facts. Act quickly—deadlines and hearing dates can be short—and consider consulting an attorney experienced in Oregon probate. This is educational information only and not legal advice.

Detailed answer — Step‑by‑step under Oregon law

1. Confirm where the petition was filed and get the case papers

Probate petitions are filed in the county circuit court where the decedent lived. Obtain a copy of the filed petition for appointment, any supporting affidavits, the court’s notice, and the case number. The Oregon Judicial Department (OJD) maintains probate information and forms that describe the process: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx and https://www.courts.oregon.gov/forms/Pages/probate.aspx.

2. Check the applicable law and priority rules

Oregon’s statutes govern who has priority to be appointed, how notice must be given, and related procedures. Chapters on descent and administration can help explain statutory priorities and duties: ORS chapter 113 (descent and distribution) and ORS chapter 114 (administration and probate procedure). See ORS chapter 113: https://www.oregonlegislature.gov/bills_laws/ors/ors113.html and ORS chapter 114: https://www.oregonlegislature.gov/bills_laws/ors/ors114.html.

3. Identify valid grounds for opposing the appointment

Common grounds in Oregon include:

  • The objector (or another person) has higher statutory priority to serve.
  • The proposed personal representative is ineligible or disqualified (for example, lack of residence, certain criminal convictions, or other statutory disqualifications).
  • The proposed personal representative is unfit because of incapacity, conflict of interest, dishonesty, or incompetence.
  • Fraud or undue influence related to the petition or prior documents.
  • Improper notice or procedural defects in the petition.

4. File a written objection (entry of appearance and objection)

To formally contest the petition, file an entry of appearance and a written objection or response with the probate court that has the matter. The objection should briefly state who you are, your interest in the estate, and the specific reasons you oppose appointment. Courts typically require service of your objection on the petitioner and all interested persons. Use the OJD forms and local rules as a guide: https://www.courts.oregon.gov/forms/Pages/probate.aspx.

5. Serve all interested parties

After you file, serve copies of your objection on the petitioner and other interested persons (heirs, beneficiaries, creditors listed in the file). Follow the service requirements and keep proof of service for the court.

6. Request a hearing and gather evidence

If the court does not set a hearing automatically, ask the court for one. Gather documents and evidence that support your objection: records of the decedent’s relationships, proof of priority, medical records if capacity is at issue, criminal records if relevant, bank records, witness statements, and any correspondence showing misconduct or fraud. Be prepared to subpoena documents or witnesses if the court allows it.

7. Consider temporary requests the court can grant

If you fear that estate assets will be wasted or hidden, you can ask the court for temporary relief. Examples include asking the court to deny temporary letters, require a bond, issue an order freezing certain transactions, or appoint a temporary/court‑appointed fiduciary pending the objection’s resolution. The court has statutory authority to protect estate property while proceedings are pending (see ORS chapter 114).

8. Participate in the hearing or negotiate a resolution

At the hearing the court will hear testimony and evidence. The judge may decide to deny the petition, appoint another person, require the proposed representative to post bond or take other conditions, or resolve disputes by agreement. Many contests resolve by settlement or the petitioner withdrawing.

9. If you lose, preserve appellate rights

If the court appoints the proposed representative and you believe the decision was incorrect, consult an attorney promptly about whether you have a right to appeal and the short time limits for filing an appeal or seeking other post‑decision relief.

Practical notes on timing and forms

Timing varies by county and by the court’s scheduling practices. Notices often specify deadlines for objections or state when a hearing will occur. File and serve objections immediately after you learn of the petition. Use local probate forms when available and check the OJD probate forms page: https://www.courts.oregon.gov/forms/Pages/probate.aspx.

Where to find the controlling rules: start with ORS chapter 113 and ORS chapter 114 for statutory authority and check local court rules and the OJD probate pages for forms and procedural details: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx.

Helpful Hints

  • Act quickly. Probate deadlines and hearing dates can be fast. Missing a deadline can forfeit your right to contest.
  • Get copies of everything in the court file early. Review the petition, notices, and any proposed inventory or bond requests.
  • Document your interest. Establish and be prepared to show why you have standing (heir, beneficiary, creditor, or other interested person).
  • Collect evidence before it disappears—bank statements, correspondence, medical records, or witness contact information.
  • Consider asking for a bond or temporary order if you suspect asset dissipation.
  • Service matters. Proper service of your objection on all interested persons is essential—keep proof of service for the court file.
  • Explore settlement or family mediation. Many contested appointment matters resolve without a long trial.
  • Check local court forms and rules; some counties provide specific objection or response forms for probate matters.
  • Talk with an attorney experienced in Oregon probate if the estate is large, complex, or if allegations such as elder abuse, undue influence, or fraud are involved.
  • Remember: filing an objection is only one part of contested proceedings. Plan for discovery, subpoenas, affidavits, and possibly multiple hearings.

Disclaimer: This content is informational and educational only. It is not legal advice and does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed Oregon attorney who handles probate and estate litigation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.