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I am an heir in an estate that is being probated in Oregon…

I am an heir in...
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding the annual accounting. The personal representative was appointed in August of 2016 and as recently filed the first annual accounting a week ago in November. The accounting was due in July but the personal representative and her attorney kept delaying it until now. There was a personal representative prior to the current one that did not file an accounting report. The original case was opened November of 2015. During the entire probate there were rent monies coming into the estate from rental properties the descendant owned. The personal representative is filing her report to cover the period from Jan 1 to October 31. She does not cover the period of her appointment in August of 2016 to December 31. Also, not covered is the income and expenses for the estate prior to her appointment. My question is, does this accounting cover the proper time span? Shouldn’t it cover the span beginning at the time of her appointment? Where should the income and expenses prior to her appointment show up? Please cite the statue or a source for this as I would like to point this out to the PR. Thank you.
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Answered in 2 minutes by:
12/1/2017
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 45,245
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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2015 ORS 116.083¹

Accounting by personal representative

  • • rules

(1) A personal representative shall make and file in the estate proceeding an account of the personal representative’s administration:

(a) Unless the court orders otherwise, annually within 60 days after the anniversary date of the personal representative’s appointment.

(b) Within 30 days after the date of the personal representative’s removal or resignation or the revocation of the personal representative’s letters.

(c) When the estate is ready for final settlement and distribution.

(d) At such other times as the court may order.

(2) Each account must include the following information:

(a) The period of time covered by the account.

(b) The total value of the property with which the personal representative is chargeable according to the inventory, or, if there was a prior account, the amount of the balance of the prior account.

(c) All money and property received during the period covered by the account.

(d) All disbursements made during the period covered by the account. Vouchers for disbursements must accompany the account, unless otherwise provided by order or rule of the court, or unless the personal representative is a trust company that has complied with ORS 709.030 (Approval to transact trust business), but that personal representative shall:

(A) Maintain the vouchers for a period of not less than one year following the date on which the order approving the final account is entered;

(B) Permit interested persons to inspect the vouchers and receive copies thereof at their own expense at the place of business of the personal representative during the personal representative’s normal business hours at any time prior to the end of the one-year period following the date on which the order approving the final account is entered; and

(C) Include in each annual account and in the final account a statement that the vouchers are not filed with the account but are maintained by the personal representative and may be inspected and copied as provided in subparagraph (B) of this paragraph.

(e) The money and property of the estate on hand.

(f) Such other information as the personal representative considers necessary to show the condition of the affairs of the estate or as the court may require.

(g) A declaration under penalty of perjury in the form required by ORCP 1 E, or an unsworn declaration under ORS 194.800 (Short title) to 194.835 (Relation to Electronic Signatures in Global and National Commerce Act), if the declarant is physically outside the boundaries of the United States.

(3) When the estate is ready for final settlement and distribution, the account must also include:

(a) A statement that all Oregon income taxes, inheritance or estate taxes and personal property taxes, if any, have been paid, or if not so paid, that payment of those taxes has been secured by bond, deposit or otherwise, and that all required tax returns have been filed.

(b) A petition for a judgment authorizing the personal representative to distribute the estate to the persons and in the portions specified therein.

(4) If the distributees consent thereto in writing and all creditors of the estate have been paid in full other than creditors owed administrative expenses that require court approval, the personal representative, in lieu of the final account otherwise required by this section, may file a statement that includes the following:

(a) The period of time covered by the statement.

(b) A statement that all creditors have been paid in full other than creditors owed administrative expenses that require court approval.

(c) The statement and petition referred to in subsection (3) of this section.

(d) A declaration under penalty of perjury in the form required by ORCP 1 E, or an unsworn declaration under ORS 194.800 (Short title) to 194.835 (Relation to Electronic Signatures in Global and National Commerce Act), if the declarant is physically outside the boundaries of the United States.

(5) Notice of time for filing objections to the statement described in subsection (4) of this section is not required.

(6) The Chief Justice of the Supreme Court may by rule specify the form and contents of accounts that must be filed by a personal representative.

You need to write the judge here, in my mind this does not comply with the law above and you can force them to file amended accounting.It just doesn't cover the period from their appointment.Ask for a hearing on this matter.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 2 months ago
Are you saying that the accounting should also cover the time prior to the PR's appointment and account for the rent monies and expenses during the probate period?

It should cover the period from date they are appointed and then filed within 60 days from end of that year.As far as the prior period here you need to ask the court to order an accounting for that separately as funds may be missing.The court can order the new executor to try an account for this period and can require prior executor here to comply with orders.

New executor can sue old executor on behalf of estate and heirs for any missing funds.First executor is personally liable for these once the amounts are accounted for.You have to pursue this.You need additional orders here the executor is selectively following the law.But you need to force the executor to account for prior funds and pursue these.

Ask for a hearing here, under the law new executor has to pursue these funds on behalf of estate and has fiduciary duty.And you may want to consider your own lawyer here if you have too.You don't have to accept this.

Thanks fo follow up.

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