Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific circumstances.
Detailed Answer
Under Oregon law, a probate court may remove a personal representative for cause under ORS 112.045. Removal orders are generally interlocutory (not final) and are not directly appealable as of right. Oregon’s probate appeal procedures are set out in ORS 19.205, which permits only final probate orders—such as those closing an estate—to be appealed automatically.
To challenge an interlocutory order removing a personal representative, you have several options:
- Petition for an interlocutory appeal in the Oregon Court of Appeals under ORS 19.205(2). The court may allow your appeal if you demonstrate: (1) the issue involves a controlling question of law; (2) an immediate appeal will materially advance the case; and (3) failure to appeal now would cause irreparable harm. You must file this petition within 30 days of the order’s entry.
- Seek an extraordinary writ, such as mandamus or prohibition, under ORS 28.010. These writs can compel or forbid court action when no adequate remedy by appeal exists. You typically file a writ petition in either the Oregon Supreme Court or Court of Appeals.
- File a motion for reconsideration or rehearing in the probate court promptly. Some courts allow rehearing on limited grounds; denial of that motion may strengthen a later appeal petition.
Pay close attention to deadlines: you generally have 30 days from the date the probate court signs the removal order to file a notice of intent or petition for an extraordinary writ under ORS 19.205. Missing that deadline may waive your appellate rights.
Helpful Hints
- Review Local Rules: Check your county’s probate court rules for procedural requirements and distinct deadlines.
- Proper Service: Ensure all interested parties receive timely notice of any appeal or writ petition to avoid dismissal.
- Assemble the Record: Request transcripts and compile pleadings, orders, and evidence from the removal hearing.
- Explore Settlement: In some counties, probate courts offer mediation or settlement conferences that can resolve disputes without appeal.
- Consult Appellate Counsel: Appeals and writ petitions demand strict compliance with court rules; an experienced attorney can help you navigate technical requirements.