ORCP 4M (Personal representative)

This rule provides jurisdiction:

“[i]n any action against a personal representative to enforce a claim against the deceased person represented where one or more of the grounds stated in sections A through L would have furnished a basis for jurisdiction over the deceased had the deceased been living. It is immaterial whether the action is commenced during the lifetime of the deceased.”

The court does not have personal jurisdiction over a person who is no longer alive. Ramirez v. Lembcke, 191 Or App 70, 75, 80 P3d 510 (2003).  The complaint must be served on the personal representative – not on an agent for the decedent.  See, Garrett v. Gordon, 314 P.3d 264, 274 (Okla.App. 2013).