Detailed Answer
In Oregon probate proceedings, a personal representative must file a final accounting by the deadline set by the court or specified in its order. If you cannot meet that deadline, you can ask the probate court to extend the time to file your final account. While Oregon Revised Statutes explicitly provide for extensions on inventories and appraisals (ORS 116.093), the court has inherent authority to extend other deadlines, including the final accounting deadline.
Follow these steps to request an extension:
- Check the existing deadline. Review the court’s order or the scheduling notice to confirm the current due date for the final accounting.
- Prepare a Petition for Extension of Time. In the petition, include:
- The probate case caption and number.
- Your name as personal representative.
- The current deadline and the new date you request.
- Specific reasons (“good cause”) for needing more time, such as complex asset valuation, delays in gathering brokerage statements or delayed information from third parties.
- Attach a Proposed Order. Draft a simple order that the judge can sign, extending the deadline to your proposed date.
- File and Serve the Petition. File the petition and proposed order with the probate clerk before the original due date. Serve copies on all interested persons (beneficiaries and heirs), as required by ORS 116.105(3). Use certified mail or the court’s approved method.
- Attend the Hearing. Some courts require a short hearing. Be prepared to explain your need for extra time and propose a realistic new deadline.
- Obtain the Signed Order. Once the judge signs the extension order, your deadline resets to the new date. Keep a copy with your case file.
If the court denies the extension, you can request a brief continuance at the final accounting hearing or seek relief by demonstrating exceptional circumstances.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified probate attorney before making decisions in your estate administration.
Helpful Hints
- File your extension petition early—at least two weeks before the deadline.
- Clearly document any delays or unexpected issues affecting your accounting.
- Use the court’s standard forms if available to avoid formatting issues.
- Confirm service requirements with your local probate clerk.
- Maintain open communication with beneficiaries to minimize objections.