Detailed Answer
Under Oregon law, the probate court follows a strict priority list when appointing an estate administrator. ORS 113.025 sets out the order: spouse or domestic partner, children, parents, siblings, and then more distant heirs. If you are not the highest-priority heir, you can still seek appointment only if a higher-priority person renounces or is disqualified, or you persuade the court to appoint you in unusual circumstances.
1. Renunciation by a Higher-Priority Heir
ORS 113.525 allows any person entitled to appointment to formally renounce that right in writing. Once a higher-priority heir signs a renunciation and files it with the probate court, the next person in line becomes eligible. You should obtain a renunciation form from the court and have the higher-priority heir sign it under ORS 113.525 (https://www.oregonlegislature.gov/bills_laws/ors/ors113.html#113.525).
2. Disqualification of a Higher-Priority Heir
Under ORS 113.095, the court may refuse to appoint an heir who is underage, lacks mental capacity, is a convicted felon currently incarcerated, or otherwise lacks qualifications. If you can show a higher-priority heir is disqualified, you move up the list. File a petition outlining the disqualification grounds and attach any supporting documents (e.g., court records).
3. Petitioning Out of Turn
In rare cases, ORS 113.035 permits the court to appoint someone out of the normal order for cause. You must demonstrate extraordinary circumstances, such as unavailability of the higher-priority heir for an extended period or a conflict of interest that would harm the estate. Submit a detailed petition stating your reasons and any evidence for the judge’s consideration.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice about your specific situation, consult a licensed attorney.
Helpful Hints
- Review ORS 113.025 (https://www.oregonlegislature.gov/bills_laws/ors/ors113.html#113.025) to confirm the priority list.
- Use the court’s renunciation form under ORS 113.525 to secure a voluntary pass-over.
- Gather evidence promptly if you believe a higher-priority heir is disqualified under ORS 113.095.
- Consult court staff or an attorney about filing a special petition under ORS 113.035 for out-of-turn appointment.
- Maintain clear records of all filings and communications with the probate court.