Rule 9.070.Summary Determination of Claim under ORS 115.145(1)(a) and ORS 115.165
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 9.070
Plain-English Summary
A claim against a decedent's estate can be resolved without full-blown litigation. The statutes allow a summary determination, and this rule sets the mechanics of asking for one.
First, indicate in the caption of the request that a summary determination is being requested. That is how the court and the clerk can see at a glance that the filing opens a contested matter rather than adding another routine document to the estate file.
Second, tender the appropriate fee with the request. The rule does not set the amount; it requires that the fee accompany the filing rather than follow it.
Read the rule with the captioning requirement for probate filings. A request for summary determination is a contested matter, so the caption names the claimant and the personal representative along with the decedent whose estate is involved.
Frequently Asked Questions
How do I ask for a summary determination of a claim?
File a request that says in its caption that a summary determination is being requested, and tender the appropriate fee with it. Those are the steps this rule requires of the party making the request.
What has to appear in the caption?
An indication that a summary determination is being requested. The caption is doing identification work here, telling court staff what kind of filing has arrived.
Is there a filing fee?
The rule requires that the appropriate fee be tendered with the request. It does not state an amount, so check the current fee schedule for the circuit court where the estate is pending before you file.
What if the caption does not mention summary determination?
The rule states the requirement without spelling out a penalty. Since the caption is how the court identifies the filing, a request that does not say what it is risks being processed as an ordinary estate document rather than as the contested matter it opens.
Does the caption also have to name the parties to the dispute?
Yes, under the captioning rule for probate filings. A filing in a contested matter must contain the names and roles of the parties seeking relief and against whom relief is sought, and the example printed in that rule is a request for summary determination by a claimant against a personal representative.