Oregon Statutes 130.355 – Commencement of proceeding
(1) At any time after the death of a settlor of a trust described in ORS § 130.350 (2), a trustee of the trust may petition the probate court to determine the claims of creditors of the settlor. A petition under this section must include all of the following information to the extent known by the trustee:
Terms Used In Oregon Statutes 130.355
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Probate: Proving a will
- Trustee: A person or institution holding and administering property in trust.
- Venue: The geographical location in which a case is tried.
(a) The settlor’s name, the settlor’s date of birth, the settlor’s date and place of death and the last four digits of the settlor’s Social Security number.
(b) The name of the trustee.
(c) The address at which claims must be presented.
(d) The name of the trust, if any, and the date of the trust, including the dates of any amendments.
(e) The facts establishing venue in the county where the petition is being filed.
(2) The clerk of the court shall charge and collect in advance from the trustee the filing fee required from a plaintiff under ORS § 21.135.
(3) A proceeding under this section may be brought only:
(a) In the county where the settlor had domicile or a place of abode at the time of death;
(b) In any county where assets of the trust were located at the time of death or are located at the time the proceeding is commenced; or
(c) In the county where the settlor died.
(4) The court has personal jurisdiction over a trustee that files a petition under this section, whether the trustee is a resident or nonresident of this state, for the purposes of any proceeding relating to the trust that may be instituted by an interested person. [Formerly 128.258; 2009 c.363 § 1; 2010 c.107 43,44; 2011 c.595 § 131]