Detailed Answer
Understanding Oregon Law on Personal Representative Removal
Under Oregon law, any interested person—including beneficiaries, heirs, or creditors—may petition the probate court to remove a personal representative for cause. Common grounds include mismanagement of estate assets, self-dealing, failure to account, or breach of fiduciary duty.
Applicable Statute
The removal process is governed by ORS Chapter 113, specifically ORS 113.155.
Step-by-Step Removal Process
- Identify Grounds for Removal – Document instances of asset mismanagement such as unauthorized asset transfers, missed payments to creditors, or unexplained depletion of estate funds.
- Gather Evidence – Assemble bank statements, account ledgers, inventories, correspondence, and any appraisals or receipts that show discrepancies or improper conduct.
- Prepare and File the Petition – File a Petition for Removal of Personal Representative in the probate court where the estate is administered. Use local court-approved forms or draft a petition consistent with Oregon Probate Rules.
- Serve Notice – Under ORS 113.155 and ORS 115.085, serve the petition and a notice of hearing on the personal representative, all beneficiaries, heirs, and known creditors.
- Attend the Hearing – Appear in court on the scheduled date. Present your evidence and, if necessary, call witnesses to prove misconduct or breach of duty.
- Court Decision and Successor Appointment – If the court finds sufficient cause, it issues an order removing the personal representative. The court may then appoint a successor personal representative under ORS 115.005 et seq.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific circumstances.
Helpful Hints
- Review ORS 113.155 early to understand the evidence required for removal.
- Keep detailed financial records and copies of all correspondence.
- Track probate deadlines to ensure timely filings and service.
- Consider mediation or settlement discussions before filing formal motions.
- Check the Oregon Judicial Department website for county-specific probate forms.