Oregon court rules & publisher orders

SLR 9.076 — NONPROFESSIONAL FIDUCIARY EDUCATIONAL PROGRAM

Josephine County Supplementary Local Rules (2026) · physical PDF page 26–27 · 2026

9.076 NONPROFESSIONAL FIDUCIARY EDUCATIONAL PROGRAM
(1) The following court-appointed nonprofessional fiduciaries are subject
to this rule:
(a) All nonprofessional guardians and conservators appointed
pursuant to ORS chapter 125 on or after the effective date of
this rule.

(b) Any personal representative appointed pursuant to ORS
chapters 113 and 114 on or after the effective date of this rule.

(c) Any trustee appointed pursuant to ORS chapter 130 on or after
the effective date of this rule.

(d) Any nonprofessional fiduciary cited for a deficiency in the
handling of fiduciary duties pursuant to the show cause
process.
(2) All nonprofessional fiduciaries involved in a case described under
subsection (1) above shall:
(a) Successfully complete an education class for nonprofessional
fiduciaries with a curriculum as described by the Presiding
Judge of the Fourteenth Judicial District within 60 days of
appointment as fiduciary by the court; and

(b) Register for the program no later than fifteen (15) days from
appointment as fiduciary by the court.

(3) A professional fiduciary, for purposes of this rule, includes those
persons described in ORS 125.240(5), and attorneys.  Professional
fiduciaries are exempt from this rule.  Financial institutions as defined
by ORS 706.008 or a trust company as defined by ORS 706.008 are
also exempt from this rule.
(4) A nonprofessional fiduciary’s obligations under this rule may be
waived under the following circumstances:




February 1, 2026
14th Judicial District – Josephine County Circuit Court
-23-
(a) The fiduciary is represented by an attorney licensed in the State
of Oregon; and

(b) The fiduciary’s attorney files with the court, within 30 days of the
appointment of the fiduciary, a declaration that the attorney has
personally advised the fiduciary of his/her obligations with
respect to the management of estate assets, reporting
obligations, and statutory notice requirements.

(5) The court will send notice and instructions of this requirement to the
nonprofessional fiduciary at the time of appointment as guardian,
conservator, trustee, or personal representative.  The attorney
representing a trustee shall provide notice and instruc tion to the
trustee of this requirement.
(6) Fees for the court -required class shall be considered a cost of
administration of the protective proceeding, estate, or trust.
(7) Upon successful completion of the court -required class, the
nonprofessional fiduciary education program provider shall eFile a
certificate of completion with the Probate Department stating the date
and time the class was taken and the provider of the class.
(8) Upon a showing of good cause, a nonprofessional fiduciary may
request a waiver of the requirements of this rule.  The request must be
made by motion, supported by affidavit, and filed within fifteen (15)
days of receipt of notice.
(9) The court may, at its discretion, require a nonprofessional fiduciary to
retake the class.
(10) Failure to timely comply with this rule may result in removal of the
nonprofessional fiduciary by the court.

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