Temporary or Special Probate Administrator Requirements in Oregon

At a glance

Requirements one by one

Oregon focuses on endangered property and remains

Under ORS § 113.005(1), the probate court may appoint a special administrator before a personal representative is appointed and qualified when decedent property is in danger of loss, injury, or deterioration, or when disposition of the decedent's remains is required.

The written petition must explain the reasons for special administration, identify the known property requiring administration, and state the danger. The section names no petitioner class, nominee priority, residence rule, age floor, or corporate-fiduciary qualification for this office.

The statute states no fixed preappointment notice or hearing

Sections 113.005 and 113.007 do not prescribe a preappointment notice period, recipient list, publication, mandatory hearing, or express ex parte route with a later hearing. That silence should not be filled with the ordinary personal- representative notice or priority rules.

Bond-waiver requests have their own required content. A reasoned request must state why waiver is sought and, if estate property will be administered, describe known creditors.

Bond is the default before action or letters

Under ORS § 113.005(2), the special administrator may not act and letters may not issue until bond is filed, unless § 113.007 applies. The surety bond protects all interested persons and is conditioned on faithful performance. The court sets an adequate amount after considering the property's nature, liquidity, and apparent value, anticipated income, and probable debt and taxes.

ORS § 113.007 supplies three adjustments. A will may waive bond, subject to a court's good-cause override. The court may waive bond on the special administrator's reasoned request with the required creditor description. It may also waive or reduce bond when estate property is held by a financial institution subject to withdrawal only by court order.

Every affirmative power is court- and purpose-sensitive

Under ORS § 113.005(3)-(4), subsection (3) permits the court to authorize the special administrator to arrange and incur funeral expenses, incur expenses protecting estate property, and administer estate property. Subsection (1) permits taking charge of endangered property or the remains.

The statute does not separately enumerate business operation, ordinary sales, real-property sales or mortgages, leases, investments, insurance, income management, or litigation. Any administration authority must remain within the appointment order and the endangered-property or remains purpose.

Claims and ordinary administration remain expressly outside the office

ORS § 113.005(4) bars the special administrator from approving or rejecting creditor claims, paying claims, paying administration expenses, and possessing estate assets other than those in danger of loss, injury, or deterioration. The section grants no beneficiary-distribution authority.

The permitted expense rules are narrower. The court may authorize funeral and property-protection expenses under subsection (3), while subsection (6) treats approved compensation, properly incurred expenses, and a reasonable attorney fee as administration expenses payable by the estate.

General qualification ends power and starts a 30-day handoff

Under ORS § 113.005(5), appointment and qualification of a personal representative automatically end the special administrator's powers. Within 30 days after general letters issue, the special administrator must file an account and deliver held estate assets to the personal representative.

The personal representative may object to the account, and the court must hear the objections. Even when no objection is filed, the court examines the account. Sections 113.005-.007 state no separate initial inventory, periodic report, fixed temporary term, removal or replacement procedure, surviving transaction power, surcharge formula, or special bond-release process.

Compensation and liability remain court-controlled

Under ORS § 113.005(6), only court-approved compensation and properly incurred expenses are payable, including a reasonable fee for the special administrator's attorney. The statute does not supply a percentage schedule.

The faithful-performance bond secures interested persons. The cited sections do not state a separate personal-liability standard or damages formula, so those questions cannot be inferred from the appointment alone.

Scope boundaries

This survey does not decide whether property is endangered, remains disposition is required, a petitioner is appropriate, bond is adequate, an expense is proper, a proposed act fits estate-property administration, an account should be approved, or compensation is reasonable. The petition, order, letters, bond, will, property condition, funeral circumstances, general-representative appointment, account, and objections define the practical limits.

Statutes and sources

• ORS § 113.005 — triggers, petition, bond, powers, claims and possession limits, termination, account, turnover, compensation, expenses, and attorney fee.
• ORS § 113.007 — will waiver, reasoned waiver request, creditor disclosure, and restricted-financial-asset waiver or reduction.

Official current ORS Chapter 113 (accessed 2026-08-29).