House passes probate bill correcting earlier drafting errors and clarifying harmless‑error rule
Summary
Senate Bill 168 passed on third reading to amend Oregon probate statutes, reinstate a previously intended simple‑estate affidavit provision, correct a 2017 drafting error affecting children of unmarried parents, and clarify application of the harmless‑error rule and certain civil procedure rules in probate proceedings.
The Oregon House passed Senate Bill 168 on final reading to make technical and substantive corrections to probate law and related procedural rules.
Representative Anderson presented the bill, saying it came from the Judiciary Committee at the request of the Oregon State Bar's planning and administration section. Anderson described four primary changes: restoring use of a simple‑estate affidavit where a decedent's will places assets into trust regardless of value; correcting a 2017 drafting error that hindered children of unmarried parents from proving parental status for intestate succession; clarifying ambiguities in Oregon's harmless‑error rule for wills; and applying ORCP 45 (request for admissions) to probate proceedings where specified.
The sponsor also said the bill specifies that certain writings and formalities must be present for documents to be treated as wills and clarifies that electronic documents may not be considered wills under the relevant provision. Following presentation and no floor debate, the clerk declared Senate Bill 168 passed after recording it had received the constitutional majority; the transcript does not show a roll‑call tally of individual votes.
The changes affect Oregon probate practice and civil‑procedure interplay in probate courts; the bill's text and effective dates should be consulted for implementation details.
