Flaig v. Emert

When an estate’s personal representative disallows a creditor’s claim against the estate, the probate code— specifically, ORS 115.145 — gives the creditor two avenues by which to contest the personal representative’s decision. The creditor may file an appropriate action against the personal representative in a court of competent jurisdiction or, instead, may file a request for summary determination of the claim in the probate court. In this case, we address a question about the procedures that govern when a creditor opts to pursue summary determination of a disallowed claim: Can the personal…