Detailed Answer
Under Oregon law, beneficiaries have a right to receive their inheritance once the estate administrator completes creditor claims and expenses. If the administrator fails to distribute your share, follow these steps:
1. Review Court Orders and the Will
Locate the probate court’s order appointing the administrator and the decedent’s will. Confirm the share you’re entitled to receive. The court order and will guide the distribution timeline.
2. Request an Accounting
Oregon Revised Statutes grant beneficiaries the right to see estate accounts. Under ORS Chapter 116, Section 116.073, you can formally request a full accounting of assets, receipts, disbursements and outstanding debts. Send a written demand to the personal representative with a set deadline (e.g., 14 days).
3. File a Petition to Compel Distribution
If the administrator ignores your demand, file a petition in the same probate court under ORS 116.083. This statute lets “any person interested” bring an action to compel distribution or to account for the estate’s assets. The court will schedule a hearing and may order the administrator to distribute your share.
4. Seek Removal of the Administrator
If the administrator refuses to act or mismanages estate assets, you can petition for removal under ORS 116.055 & ORS 116.065. Grounds include neglect, misconduct or incapacity. The court may appoint a successor fiduciary.
5. Consider a Breach of Fiduciary Duty Claim
Personal representatives owe a fiduciary duty to beneficiaries. If they misappropriate funds or act in bad faith, you can bring a civil lawsuit for breach of fiduciary duty in circuit court. You may recover your share plus interest or damages.
6. Mind Timing and Deadlines
Oregon probate law typically prohibits distribution until six months after appointment to allow creditor claims (see ORS 116.023). However, if it’s been longer and no action has occurred, you have grounds to petition immediately.
Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Keep copies of all correspondence and court filings.
- Send formal requests via certified mail to establish proof of delivery.
- Review the probate court’s docket online to track filings and deadlines.
- Consider mediation if personal dynamics complicate distribution.
- Consult a probate attorney early to avoid missed deadlines.