(1) A probate proceeding is commenced by the filing of a petition in a court with jurisdiction over probate proceedings. Petitions to commence probate proceedings are authorized in ORS chapters 113 and 117. (2) No particular pleadings or forms of pleadings are required in the exercise of jurisdiction of probate courts. All petitions, inventories, reports and accountings in a probate proceeding must be in writing and include a declaration under penalty of perjury in the form required by ORCP 1 E. The declaration must be made by at least one of the persons making the pleading or by the attorney for the person, or in the case of a business entity by an authorized agent. A declarant who is physically outside the boundaries of the United States must make an unsworn declaration under ORS 194.800 to 194.835. (3) Actions in a probate proceeding are not triable by a jury except as otherwise provided by law.
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