Hobbs v. Harrington

ORS 116.013 gives a probate court the discretionary authority to make a partial distribution “prior to final settlement and distribution.” A probate court can issue a judgment of final distribution without entertaining outstanding petitions for partial distribution.

Petitioner (decedent’s stepson), personal representative of decedent’s step-wife, was in a dispute over final distribution of decedent’s estate with respondents (decent’s blood daughters). At the trial, the probate court entered a judgment for final distribution of the decedent’s estate. Petitioner assigned error to the probate court's failure to address a request for partial distribution that had been filed by decedent’s step-wife during her lifetime, before entering the judgment of final distribution. ORS 116.013 allows a probate court to make a partial distribution “prior to final settlement and distribution” but the probate court’s authority to make a partial distribution is discretionary. Country Casualty Ins. Co. v. Villa-Chavez, 228 Or App 677, 682 (2009). Therefore the permissive terms of ORS 116.013 allowed the court to make a final distribution without considering Petitioner’s request for partial distribution. Affirmed.