Under ORS 113.145, an Oregon personal representative must send written information about the estate proceeding to every heir, devisee, and certain other interested persons promptly after being appointed, notify the Department of Human Services and the Oregon Health Authority within 30 days, and file proof of delivery with the court within 30 days of appointment. The notice to heirs under ORS 113.145 is a statutory duty, and getting the recipients, contents, or timing wrong is treated as a breach of duty by the personal representative.
Who Has to Be Notified
The statute covers two different groups.
The first is private parties connected to the estate. Every heir (a person who would inherit under Oregon intestacy law if there were no will) and every devisee (a person named in the will) receives notice at the address listed in the petition for appointment. Two additional categories tied to ORS 113.035 also get notice: anyone asserting a claim under subsection (8) that the will is invalid, that another will exists, or that the decedent promised to make or revoke a will; and anyone asserting under subsection (9) that a parent of the decedent should forfeit their share due to willful desertion or neglect. If the personal representative is themselves an heir or devisee listed in the petition, they don’t have to mail notice to themselves.
The second group is state agencies. The personal representative must notify the Oregon Department of Human Services and the Oregon Health Authority so those agencies can evaluate whether the decedent received medical assistance that could produce a claim against the estate. That notice must include a copy of the decedent’s death record along with the standard information, and it carries a 30-day deadline from the date of appointment.
What the Notice Has to Say
ORS 113.145 requires the notice to contain a specific set of items. Leaving any of them out weakens the notice and creates problems later.
- The title of the circuit court where the proceeding is pending and the clerk’s file number.
- The decedent’s name, place of death, and date of death.
- Whether a will has been admitted to probate.
- The name and address of the personal representative and of the representative’s attorney.
- The date the court issued the appointment.
- A statement that the recipient’s rights may be affected by the proceeding and that further information is available from the court records, the personal representative, or the attorney.
Two extra warnings are required for specific recipients. A person asserting a will-related claim under ORS 113.035(8) must be told that their rights may be barred unless they act under ORS 113.075 within four months of receiving the notice. A person asserting a parental forfeiture claim under ORS 113.035(9) must be told the same about the deadline to proceed under ORS 112.049. These four-month warnings are mandatory even if the personal representative thinks the underlying claim has no merit.
How and When to Deliver Notice
The statute says the personal representative must “deliver or mail” the information to the addresses in the petition. It does not require certified mail, registered mail, or a return receipt. Regular first-class mail or hand delivery satisfies ORS 113.145. Many personal representatives still use certified mail to build a cleaner record, but the statute doesn’t demand it.
Timing works differently depending on the recipient. For heirs, devisees, and other interested persons, notice goes out “upon appointment,” meaning as soon as reasonably possible. There is no explicit 30-day grace period for the mailing itself. For DHS and OHA, the 30-day deadline applies directly to sending the notice and the death record.
Within 30 days after appointment, the personal representative must also file proof of delivery or mailing with the estate proceeding. The proof includes a copy of what was sent and the names of the people who received it. If a recipient signed a waiver of notice under ORS 111.225, the representative can file the waiver instead.
When a Recipient Can Waive Notice
ORS 111.225 lets any competent adult waive notice by signing a written waiver and filing it in the proceeding, or by appearing at the hearing. A guardian, guardian ad litem, or conservator can sign a waiver on behalf of the person they represent. Waivers show up often in smaller family estates where everyone already knows about the proceeding.
Heirs Discovered After the Petition Is Filed
Subsection (5) of ORS 113.145 handles a common situation: the personal representative learns of someone who should have been listed in the petition but wasn’t. If that happens at any point before the final account is filed, the representative must make reasonable efforts to find the person’s name and address and promptly send them the same information required under subsection (1). The category applies to people described in ORS 113.035(4), (5), (7), (8), or (9).
This duty runs the length of the administration, not just the opening weeks. A representative who identifies a missing heir six months in still has to act. Keeping records of the search itself, such as letters sent, databases checked, and contacts made, protects the representative if the court later asks whether reasonable efforts were made.
What Happens if Notice Isn’t Given
ORS 113.145(3) treats a failure to give the required notice as a breach of duty to the person who should have received it. The same subsection makes clear that this failure does not affect the validity of the personal representative’s appointment or powers. The probate itself doesn’t unravel because notice was late or missing.
Personal liability is a different matter. Under ORS 116.063, a personal representative can be held personally liable for losses to the estate arising from negligent acts or omissions during administration. If someone missed the four-month window to contest a will or assert a forfeiture claim because notice never arrived, the resulting loss can fall on the representative rather than the estate.
This Is Not the Creditor Notice
The ORS 113.145 notice is separate from the notice to creditors, and the two are often confused. ORS 113.145 covers heirs, devisees, ORS 113.035 claimants, and the two state agencies. Notice to creditors is a separate obligation under ORS 115.003, and under ORS 115.005 a creditor’s claim is barred unless presented before the later of four months after publication of notice to interested persons or 45 days after direct mailing to a known creditor. Both processes have to be completed; satisfying one does not satisfy the other.