FastCounsel

Short overview: If you did not receive notice of a final accounting in your parent’s estate in Oregon, you still have options. Start by confirming what the court file contains, then move quickly to preserve rights: request copies, ask the court to stay distributions (if any remain), and file a formal objection or motion to set aside approval of the accounting based on lack of notice and a violation of your due-process rights. Courts in Oregon expect personal representatives to give notice to interested persons; failing to do so can justify reopening the estate, vacating approvals, or pursuing the personal representative for breach of duty.

Step-by-step actions to take now

1. Get the court file and documents. Visit the probate court where your parent’s estate was opened (county circuit court) or use that court’s online case search. Obtain: the petition for probate, the order appointing the personal representative, any notice or mailing lists, the final accounting (also called a report and accounting), the order approving the accounting (if one exists), and the judgment of distribution. These documents tell you what was filed and what the court approved.
2. Confirm whether distributions occurred. If the court approved the accounting but the estate hasn’t fully distributed assets, the court may be able to halt distributions while you contest the accounting. If assets already moved to beneficiaries or third parties, you may still be able to recover them depending on the circumstances.
3. Check whether you were an “interested person.” Under Oregon probate practice, heirs, beneficiaries named in a will, and some creditors qualify as interested persons who have a right to notice of filings and hearings. If you were an interested person and did not receive required notice, that lack of notice is an important legal basis to challenge actions taken by the court.
4. File an objection or motion promptly. Prepare and file either (A) a written objection to the final accounting or (B) a motion to set aside the order approving the accounting (often called a motion to vacate or to reopen the estate) for lack of notice and denial of due process. In your filing, explain you did not receive required notice, describe how you learned of the accounting or order, and request the relief you want (e.g., set the approval aside, require a new accounting, a hearing, or a stay of distribution).
5. Seek an emergency (temporary) order if necessary. If distributions are imminent or already happening, ask the court for an immediate temporary restraining order or a stay preventing further distribution until the court considers your objection. Courts sometimes grant emergency relief when the absence of notice unfairly harms an interested person.
6. Gather evidence to support lack of notice and prejudice. Save affidavits or sworn statements showing you didn’t receive mailed notice (for example, a change of address, no mail received, or proof that the personal representative mailed notices to a different address). Collect communications (emails, texts), copies of any estate-related mail you did receive, and any documents showing distributions.
7. Consider claims against the personal representative. If the personal representative failed in duties—by not giving required notice, making improper distributions, or otherwise mismanaging assets—you may be able to pursue removal, surcharge (monetary recovery), and an accounting. These are separate actions the court can grant after a hearing.
8. Use alternative dispute resolution as an option. If parties are willing, mediation can resolve distribution disputes faster and less expensively than litigation. However, preserve your right to contest in court while negotiating.
9. Hire a probate attorney quickly. Probate contests have procedural rules and time limits. An Oregon probate attorney can draft the proper objection or motion, explain likely deadlines and remedies, and represent you at hearings.

Legal basis and where to look in Oregon law

Oregon statutes and court rules govern probate procedure, the duties of personal representatives, notice requirements, and the court’s power to approve or set aside accounting and distributions. For practice guidance and forms, see the Oregon Judicial Department’s probate information and forms at the Oregon courts website:

• Oregon Judicial Department — Probate
• Oregon Revised Statutes (ORS) — main page (search “probate,” “personal representative,” and related terms for the controlling statutes)

Because probate law is statutory and fact-specific, an attorney will point you to the exact ORS provisions that apply to your situation and the applicable deadlines and forms for your local county court.

What courts commonly consider when notice was not given

• Whether you were an interested person under the probate rules (entitled to notice).
• Whether the personal representative materially failed to provide required notice.
• Whether you were prejudiced by the lack of notice — for example, you lost the ability to object before distributions occurred.
• Whether the court can correct the problem by reopening the estate, vacating approval, ordering a new accounting, ordering a re-distribution, or awarding monetary relief against the personal representative.

Practical timeline note: Timing varies. If you learn of the accounting quickly and act promptly (often within days or weeks), courts are more likely to provide relief. If you wait months or years after distributions, relief becomes harder but still sometimes possible depending on the facts, evidence of fraud, or misconduct.

Sample relief you can request in court

• Set aside or vacate the order approving the final accounting for lack of notice.
• A new accounting and a hearing with proper notice to all interested persons.
• A temporary or permanent stay of distributions until the dispute is resolved.
• Removal of the personal representative for breach of duty and appointment of a successor representative.
• Surcharge or monetary recovery against the personal representative (and possibly recipients who received assets in bad faith).

Tip on wording in filings: Clearly state you did not receive the court-ordered notice and identify the mailing address the personal representative used (if known), your last known address, and any reason you believe notice was not provided (e.g., no mailing, wrong address, withheld contact). Attach any supporting evidence and request a hearing.

Where to find help and local forms: County circuit courts often have local probate forms and instructions (filing an objection, motion to reopen, or emergency motion). Check the website of the circuit court in the county where the estate is probated or contact the clerk’s office for procedures and filing requirements.

Disclaimer: This information explains general Oregon probate procedures and is not legal advice. It does not create an attorney-client relationship. For advice about your particular situation, contact a licensed Oregon probate attorney.

Helpful Hints

• Act quickly. The sooner you file an objection or motion, the better your chances of stopping distributions.
• Obtain certified copies of key documents (letters of appointment, final accounting approval) from the court clerk.
• Document communication attempts with the personal representative—dates, methods, and content.
• Preserve assets: ask the court for a freeze or a temporary restraining order if assets are being distributed improperly.
• Ask the clerk for local probate rules and required filing forms—each county may have slightly different procedures.
• If cost is a concern, ask courts or local legal aid about limited-scope representation or pro bono resources for probate matters.
• Keep records of your relationship to the decedent (birth certificates, family records) to establish your status as an interested person.
• Consider mediation as a time- and cost-saving tool, but only after preserving your right to a court hearing.