Detailed Answer
Short answer: In Oregon, contesting an estate accounting more than a year after the court approved it is harder but sometimes possible. Your best options are to ask the probate court to set aside or reopen the settlement for specific, recognized reasons (fraud, lack of notice, newly discovered assets, or jurisdictional defects), or to bring a separate claim against the personal representative for breach of fiduciary duty or surcharge. Deadlines and procedures vary by the type of relief you seek, so act promptly and get an attorney if you can.
How the process generally works
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Get the estate file and read the order
Start by obtaining certified copies of the probate file, the approved accounting, and the court’s order or decree approving the accounting. The file will show whether proper notice was given, what was presented to the court, and the exact nature of the approval. You can request probate records from the county court where the estate was handled or review public records at the court clerk’s office.
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Identify your legal ground(s) for reopening or suing
Common grounds to challenge an accounting after final approval include:
- Fraud, concealment, or deliberate misstatement by the personal representative.
- Newly discovered assets or evidence that could not reasonably have been produced earlier.
- Lack of proper notice to interested persons before the court approved the accounting.
- The court lacked jurisdiction or there was a fundamental procedural defect in the proceeding.
If you cannot show one of these (or similar) bases, reopening a final approval becomes unlikely. In that case, you may be limited to suing the personal representative for breach of fiduciary duty or for monetary recovery.
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File the right type of petition or lawsuit
Possible procedural routes in Oregon include:
- Petition to set aside or reopen the settlement/order in the probate court that approved the accounting. In that petition you must explain the legal grounds (for example, fraud or newly discovered evidence) and ask the court to vacate or modify the earlier approval or to order a supplemental accounting.
- Civil action against the personal representative for breach of fiduciary duty, conversion, or surcharge. This may be filed in civil court if the probate court cannot provide the remedy you need.
- Motion for relief from judgment or order where allowed. Courts have equitable authority to correct orders for reasons like fraud or mistake—but relief is fact-specific and often requires prompt action once the issue is discovered.
The exact procedural vehicle and requirements depend on the court’s rules, the grounds you assert, and the remedy you seek. The probate court can order an accounting, surcharge (money owed to the estate), removal of the fiduciary, or other equitable relief.
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Prove your claim
Where the challenge depends on new evidence or fraud, you must present clear proof. Examples include bank records showing omitted assets, proof that notice was not given to required heirs/creditors, or documentation of unauthorized transactions. The court will consider whether the facts, if true, would have changed the result of the original accounting.
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Remedies the court can order
If the court finds valid grounds, possible remedies include:
- Vacating or modifying the approval of the accounting.
- Ordering a supplemental or corrected accounting.
- Surcharging the personal representative for losses to the estate.
- Removing the personal representative and appointing a successor.
- Monetary judgment in a separate civil action for breach of fiduciary duty.
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Time and urgency
Even though you asked about contesting after a year, remember: promptness still matters. Courts are less inclined to reopen long-settled matters unless there is strong evidence (fraud, lack of notice, newly discovered assets that reasonably could not have been found earlier, or jurisdictional error). If you wait too long after learning of an issue, you risk losing relief because of laches or comparable doctrines.
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Get legal help
Probate and fiduciary litigation is technical. An Oregon probate attorney can evaluate the documents, identify the best procedural route, and prepare the petition or complaint and supporting proof. If you cannot afford counsel, look for local legal aid, the Oregon State Bar referral service, or court self-help resources.
Where to look for Oregon rules and forms
For background and forms, start here:
- Oregon Revised Statutes (ORS) — general index: https://www.oregonlegislature.gov/bills_laws/Pages/oregon-revised-statutes.aspx
- Oregon Judicial Department — probate program and resources: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx
Bottom line: You can sometimes contest an approved accounting more than a year later in Oregon, but only with compelling grounds (fraud, lack of notice, newly discovered assets, or jurisdictional problems) or by pursuing a separate claim against the fiduciary. Collect the probate file, identify the legal basis, preserve evidence, and consult an Oregon probate attorney promptly.
Disclaimer: This is general information, not legal advice. I am not a lawyer. For specific legal guidance about your situation, contact a licensed Oregon attorney.
Helpful Hints
- Order certified copies of all probate documents from the county clerk before the court file is archived.
- Look first for problems with notice—if you weren’t given required notice, the court may reopen the case more readily.
- Gather concrete records (bank statements, title documents, emails) showing omitted assets or questionable transactions.
- Note when you discovered the problem; courts consider how quickly you act after discovery.
- Consider alternative dispute resolution (mediation) if the personal representative is cooperative—it’s often faster and less costly.
- Check for possible civil claims against the fiduciary if the probate court route is closed.
- If you cannot afford a private attorney, contact the Oregon State Bar Lawyer Referral Service or local legal aid organizations for help.