Portland, OR asked in Estate Planning for Oregon

Q: In Oregon, can I be a personal representative/administrator of an estate, and a creditor?

Related Topics:
2 Lawyer Answers
Theressa Hollis
Theressa Hollis
Answered
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Yes. If the deceased person has a valid Will then the person named in the Will as the Personal Representative (executor) has priority to act. Here is the priority statute for Oregon: https://www.oregonlaws.org/ors/113.085

Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • Estate Planning Lawyer
  • Beaverton, OR
  • Licensed in Oregon

A: Yes. A claim of the personal representative, as a creditor, is not presented in the same manner as other creditor's claims. The personal representative’s claim must be filed with the court and must be approved by the court before payment. Upon request of the personal representative or of any other interested person, the court will schedule a hearing to determine whether the claim is valid.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.