Disclaimer: This is general information and not legal advice. For advice about a specific situation, consult a licensed Oregon attorney.

Detailed Answer

When a probate personal representative gives the required notice to creditors in an Oregon probate, interested creditors generally must present their claims within the time required by the probate process. In many cases that period is 90 days after the date of first publication of creditor notice or within the time fixed by the court. If a creditor files a claim after that deadline (a “late claim”), several outcomes are possible depending on the facts.

How the court normally treats late claims

• Barred Unless Allowed: Courts commonly treat claims filed after the creditor-claim period as barred against the estate unless the court permits the late filing for good cause. That means the estate and beneficiaries may not have to pay the late claim if the court disallows it.
• Judicial Discretion: A probate court has discretion to allow a late claim if the creditor shows excusable neglect, lack of proper notice, or other equitable reasons. The creditor must usually move the court and explain why the deadline was missed and why allowing the claim won’t unfairly prejudice the estate or distributees.
• Effect of Distributions and Discharge: If the personal representative has already distributed estate assets and been discharged by the court, it can be more difficult for a late claim to be satisfied from estate funds. In such cases the creditor may need to ask the court to reopen the estate or seek relief against the personal representative in limited circumstances.
• Secured vs. Unsecured Creditors: Creditors holding a valid security interest (for example, a mortgage or lien) can often enforce those rights against the secured property outside probate even if their claim in probate is late. A secured creditor’s rights usually depend more on the lien recording and perfection rules than on the probate notice period.

Typical steps and considerations

1. Creditor files a motion asking the probate court to allow the late claim. The motion should state why the claim was late (for example, no actual notice, excusable neglect, mistake) and attach supporting documents (the underlying debt records, correspondence, proof of lack of notice).
2. The personal representative (or other interested persons) will have an opportunity to oppose the motion, typically pointing to the published notice, timeline, and any prejudice from reopening distributions.
3. The court balances the equities: whether the creditor had actual or constructive notice, whether permitting the claim will prejudice creditors or beneficiaries who relied on the deadline, and whether the claim appears valid. The court may allow the claim in full, allow it in part, require proof, or deny it entirely.
4. If the court denies the late claim and the creditor still pursues collection, the creditor’s remedy may be limited to bringing a separate action (for example, on a secured debt) or pursuing relief only if the estate can be reopened under proper grounds.

Reopening an estate and personal representative discharge

If distributions have been completed and the personal representative has been discharged, a creditor may ask the court to reopen the estate so the claim can be handled. Courts will reopen an estate in limited circumstances, such as fraud, mistake, newly-discovered assets, or valid creditor claims that could not reasonably have been presented earlier. Reopening is a separate process with its own standards and deadlines.

Where to find the Oregon statutes and rules

Oregon’s probate procedures, including creditor notice and claim handling, are set out in the Oregon Revised Statutes (Chapter 115 and other related provisions) and court rules. For reference, see the Oregon Legislature’s probate chapter: ORS Chapter 115 (Probate). For practical information on probate procedures, the Oregon Judicial Department’s probate page is also useful: Oregon Judicial Department — Probate.

Hypothetical example

Imagine a personal representative publishes a creditor notice on January 1. Creditors must present claims by the deadline stated in the notice (roughly 90 days after publication). A creditor discovers the debt and files a claim on April 10 (100 days after publication). The personal representative objects and asks the court to disallow the late claim. The creditor files a motion explaining they did not receive actual notice, and they submit invoices proving the debt and showing they acted promptly after discovering the estate. The court may allow the late claim if it finds the creditor’s reasons credible and if allowing the claim won’t unfairly harm beneficiaries who relied on the deadline; otherwise the court may disallow the claim and bar recovery from the estate.

Helpful Hints

• Act quickly. If you are a creditor who missed the deadline, file your claim and a motion to allow it as soon as possible and include all supporting documents.
• Collect evidence. Proof of why you didn’t receive notice (no address on file, never received mail, etc.) makes a late-claim motion stronger.
• Check for security interests. If you’re a secured creditor, your lien or mortgage may protect your rights independently of probate timelines; check filing and perfection status.
• If you are a personal representative, keep careful records of publication, mailing, and distributions. Proof of proper notice and timely administration defends against late claims.
• Consider reopening risks. If distributions are complete and the estate is closed, reopening creates extra cost and delay. Courts weigh the equities before reopening.
• Consult an attorney early. A lawyer can assess deadlines, draft motions, and advise whether a late claim is likely to be allowed under Oregon law.