(1) The court in a probate proceeding may enter a limited judgment only for the following decisions of the court:

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Terms Used In Oregon Statutes 111.275

  • Decedent: A deceased person.
  • Fiduciary: A trustee, executor, or administrator.
  • Personal property: All property that is not real property.
  • Probate: Proving a will

(a) A decision on a petition for appointment or removal of a personal representative, including a successor personal representative.

(b) A decision in a will contest filed in the probate proceeding.

(c) A decision to require delivery of possession of property of the decedent, including records, accounts or documents relating to the property.

(d) A decision to determine ownership of title for real or personal property.

(e) A decision on a petition or motion for support or elective share.

(f) A decision on an objection to a final accounting.

(g) A decision on a request made in the proceeding for a declaratory judgment under ORS § 111.095.

(h) A decision on a request for an award of expenses under ORS § 116.183.

(i) A decision on surcharge of a fiduciary or a surety.

(j) Such decisions of the court as may be specified by rules or orders of the Chief Justice of the Supreme Court under ORS § 18.028.

(k) Any other decision that is a final determination of the rights of one or more persons.

(2) A court may enter a limited judgment under this section only if the court determines that there is no just reason for delay. The judgment document need not reflect the court’s determination that there is no just reason for delay. [2005 c.568 § 33; 2009 c.50 § 1; 2016 c.42 § 18; 2021 c.282 § 15]