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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 12 PROBATE LAW
Chapter : Chapter 113 Initiation of Estate Proceedings
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(1) If, prior to appointment and
qualification of a personal representative, property of a decedent is in
danger of loss, injury or deterioration, or disposition of the remains of
a decedent is required, the court may appoint a special administrator to
take charge of the property or the remains. The petition for appointment
shall state the reasons for special administration and specify the
property, so far as known, requiring administration, and the danger to
which it is subject.
(2) The special administrator shall qualify by filing a bond in the
amount set by the court, conditioned upon the special administrator
faithfully performing the duties of the trust.
(3) The special administrator may:
(a) Incur expenses for the funeral, burial or other disposition of
the remains of decedent in a manner suitable to the condition in life of
the decedent;
(b) Incur expenses for the protection of the property of the
estate; and
(c) Sell perishable property of the estate, whether or not listed
in the petition, if necessary to prevent loss to the estate.
(4) The special administrator shall not approve or reject claims of
creditors or pay claims or expenses of administration or take possession
of assets of the estate other than those in danger of loss, injury or
deterioration pending the appointment of a personal representative.
(5) Upon the appointment and qualification of a personal
representative the powers of the special administrator shall cease.
Within 30 days after the issuance of letters testamentary to a personal
representative, the special administrator shall make and file an account
and deliver to the personal representative the assets of the estate in
the possession of the special administrator. If the personal
representative objects to the account of the special administrator, the
court shall hear the objections, and, whether or not objections are made,
shall examine the account.
(6) To the extent approved by the court, the compensation of the
special administrator and expenses properly incurred by the special
administrator, including a reasonable fee of the attorney of the special
administrator, shall be paid as expenses of administration. [1969 c.591
§80; 1999 c.592 §1] (1) The venue for a proceeding seeking the
appointment of a personal representative and for a proceeding to probate
a will is:
(a) In the county where the decedent had a domicile or where the
decedent had a place of abode at the time of death;
(b) In any county where property of the decedent was located at the
time of death or is located at the time the proceeding is commenced; or
(c) In the county in which the decedent died.
(2) Filing a proceeding in a county other than specified in
subsection (1) of this section does not constitute a jurisdictional
defect. [1969 c.591 §81] (1) If
proceedings seeking the appointment of a personal representative of the
same estate or proceedings to probate a will of the same decedent are
commenced in more than one county, they shall be stayed except in the
county where first commenced until final determination there of venue. A
proceeding is considered commenced by the filing of a petition. In
determining venue, if the court finds that transfer to another county
where a proceeding has been commenced is for the best interest of the
estate, it may in its discretion order such transfer.
(2) If the proper venue is determined to be in another county, the
clerk of the court shall transmit to the clerk of the court for the other
county a transcript of the proceeding with all the original papers filed
therein, and the court for the other county thereupon has exclusive
jurisdiction of the proceeding to the same extent and with like effect as
though the proceeding were in the court on original jurisdiction. [1969
c.591 §82] A will may not
be admitted to probate or an estate reopened to admit a will to probate
more than one year after the estate of the decedent has been administered
in Oregon and closed. [1973 c.506 §21]Any interested person or executor named in the will may
petition for the appointment of a personal representative and for the
probate of a will. The petition shall include the following information,
so far as known:
(1) The name, age, domicile, post-office address, date and place of
death, and Social Security account number or taxpayer identification
number of the decedent.
(2) Whether the decedent died testate or intestate.
(3) The facts relied upon to establish venue.
(4) The name and post-office address of the person nominated as
personal representative and the facts that show the person is qualified
to act.
(5) The names, relationship to the decedent and post-office
addresses of persons who are or would be the heirs of the decedent upon
the death of the decedent intestate, and the ages of any who are minors.
(6) A statement that reasonable efforts have been made to identify
and locate all heirs of the decedent. If the petitioner knows of any
actual or possible omissions from the list of heirs, the petition must
include a statement indicating that there are omissions from the
information relating to heirs.
(7) If the decedent died testate, the names and post-office
addresses of the devisees, and the ages of any who are minors. If the
will devises property to a person who did not survive the decedent or who
is otherwise not entitled to receive the devise, the petition must
include a statement explaining why the devise failed. If the petitioner
knows of any actual or possible omissions from the list of devisees, the
petition must include a statement indicating that there are omissions
from the information relating to devisees.
(8) The name and post-office address of any person asserting an
interest in the estate, or on whose behalf an interest has been asserted,
based on a contention that:
(a) The will alleged in the petition to be the will of the decedent
is ineffective in whole or part;
(b) There exists a will that has not been alleged in the petition
to be the will of the decedent; or
(c) The decedent agreed, promised or represented that the decedent
would make or revoke a will or devise, or not revoke a will or devise, or
die intestate.
(9) The name and post-office address of any person asserting an
interest in the estate, or on whose behalf an interest has been asserted,
based on a contention that a parent of the decedent willfully deserted
the decedent or neglected without just and sufficient cause to provide
proper care and maintenance for the decedent, as provided by ORS 112.047.
(10) Whether the original of the last will of the decedent is in
the possession of the court or accompanies the petition. If the original
will is not in the possession of the court or accompanying the petition
and an authenticated copy of the will probated in another jurisdiction
does not accompany the petition, the petition shall also state the
contents of the will and indicate that it is lost, destroyed or otherwise
unavailable and that it was not revoked.
(11) A statement of the extent and nature of assets of the estate,
to enable the court to set the amount of bond of the personal
representative. [1969 c.591 §83; 1973 c.506 §19; 1991 c.704 §1; 2003
c.395 §10; 2005 c.741 §4] (1)
Upon appointment, a personal representative shall deliver or mail to an
estate administrator of the Department of State Lands appointed under ORS
113.235 a copy of the petition filed under ORS 113.035, and a copy of any
last will of the decedent, if the personal representative has not
identified and found all heirs and devisees of the decedent. The personal
representative shall file an affidavit in the probate proceeding proving
the delivery or mailing.
(2) If at any time after the appointment of a personal
representative it appears that any heir or devisee of the decedent cannot
be identified and found, the personal representative shall promptly
deliver or mail to an estate administrator of the Department of State
Lands appointed under ORS 113.235 a notice indicating that an heir or
devisee cannot be identified and found. The personal representative shall
file an affidavit in the probate proceeding proving the delivery or
mailing.
(3) This section does not affect the requirements of ORS 113.085
(2). [1969 c.591 §84; 2003 c.395 §11]Note: Section 27 (3), chapter 395, Oregon Laws 2003, provides:
Sec. 27. (3) ORS 113.045 (1), as created by the amendments to ORS
113.045 by section 11 of this 2003 Act, applies only to personal
representatives appointed on or after the effective date of this 2003 Act
[January 1, 2004]. ORS 113.045 (2), as created by the amendments to ORS
113.045 by section 11 of this 2003 Act, applies to all personal
representatives, whether appointed before, on or after the effective date
of this 2003 Act. [2003 c.395 §27(3)] (1) Upon an ex
parte hearing of a petition for the probate of a will, an affidavit of an
attesting witness may be used instead of the personal presence of the
witness in court. The witness may give evidence of the execution of the
will by attaching the affidavit to the will or to a photographic or other
facsimile copy of the will, and may identify the signature of the
testator and witnesses to the will by use of the will or the copy. The
affidavit shall be received in evidence by the court and have the same
weight as to matters contained in the affidavit as if the testimony were
given by the witness in open court. The affidavit of the attesting
witness may be made at the time of execution of the will or at any time
thereafter.
(2) However, upon motion of any person interested in the estate
filed within 30 days after the order admitting the will to probate is
made, the court may require that the witness making the affidavit be
brought before the court. If the witness is outside the reach of a
subpoena, the court may order that the deposition of the witness be taken.
(3) If the evidence of none of the attesting witnesses is
available, the court may allow proof of the will by testimony or other
evidence that the signature of the testator or at least one of the
witnesses is genuine.
(4) In the event of contest of the will or of probate thereof in
solemn form, proof of any facts shall be made in the same manner as in an
action tried without a jury. [1969 c.591 §85; 1979 c.284 §105] (1) The written will of a
testator who died domiciled outside this state, which upon probate may
operate upon property in this state, may be admitted to probate upon
petition therefor, by filing a certified copy of the will and a certified
copy of the order admitting the will to probate or evidencing its
establishment in the jurisdiction where the testator died domiciled.
(2) A will offered for probate under this section may be contested
for a cause which would be grounds for rejection of a will of a testator
who died domiciled in this state. [1969 c.591 §86] (1) Any interested person may contest the
probate of the will or the validity of the will or assert an interest in
the estate for the reason that:
(a) The will alleged in the petition to be the will of the decedent
is ineffective in whole or part;
(b) There exists a will that has not been alleged in the petition
to be the will of the decedent; or
(c) The decedent agreed, promised or represented that the decedent
would make or revoke a will or devise, or not revoke a will or devise, or
die intestate.
(2) An action described in subsection (1) of this section shall be
commenced by the filing of a petition in the probate proceedings, except
that an action described in subsection (1)(c) of this section may be
commenced by the filing of a separate action in any court of competent
jurisdiction.
(3) An action described in subsection (1) of this section shall be
commenced before the later of:
(a) Four months after the date of delivery or mailing of the
information described in ORS 113.145 if that information was required to
be delivered or mailed to the person on whose behalf the petition is
filed; or
(b) Four months after the first publication of notice to interested
persons if the person on whose behalf the petition is filed was not
required to be named in the petition as an interested person.
(4) A cause of action described in subsection (1)(c) of this
section shall not be presented as a claim under ORS chapter 115. [1969
c.591 §87; 1973 c.506 §23; 1991 c.704 §2] (1)
Except as provided in subsection (2) of this section, upon the filing of
the petition, if there is no will or there is a will and it has been
proved, the court shall appoint a qualified person it finds suitable as
personal representative, giving preference in the following order:
(a) To the executor named in the will.
(b) To the surviving spouse of the decedent or the nominee of the
surviving spouse of the decedent.
(c) To the nearest of kin of the decedent or the nominee of the
nearest of kin of the decedent.
(d) To the Director of Human Services or a designee, if it appears
the decedent received public assistance pursuant to ORS chapter 411 or
414 and that such assistance is a claim against the estate.
(e) To the Department of Veterans’ Affairs, if the decedent was a
protected person under ORS 406.050 (7), and the department has joined in
the petition for such appointment.
(f) To any other person.
(2) Except as provided in subsection (3) of this section, the court
shall appoint the Department of State Lands as personal representative if
it appears that the decedent died wholly intestate and without known
heirs. The Attorney General shall represent the Department of State Lands
in the administration of the estate. Any funds received by the Department
of State Lands in the capacity of personal representative may be
deposited in accounts, separate and distinct from the General Fund,
established with the State Treasurer. Interest earned by such account
shall be credited to that account.
(3) The court may appoint a person other than the Department of
State Lands to administer the estate of a decedent who died wholly
intestate and without known heirs if the person filing a petition under
ORS 113.035 attaches written authorization from an estate administrator
of the Department of State Lands appointed under ORS 113.235 approving
the filing of the petition by the person. Except as provided by rule
adopted by the Director of the Department of State Lands, an estate
administrator may consent to the appointment of another person to act as
personal representative only if it appears after investigation that the
estate is insolvent. [1969 c.591 §88; 1971 c.421 §1; 1971 c.675 §1; 1973
c.370 §1; 1987 c.158 §17a; 1987 c.425 §1; 1989 c.966 §2; 1995 c.106 §2;
2001 c.102 §3; 2001 c.900 §15; 2003 c.395 §12; 2005 c.381 §20; 2005 c.625
§56](1) By accepting appointment, a
personal representative, whether a resident or nonresident of this state,
submits personally to the jurisdiction of the court in any proceeding
relating to the estate that may be instituted by any interested person.
(2) Notice of any proceeding shall be delivered to the personal
representative or mailed to the personal representative by ordinary first
class mail at the address as listed in the petition for appointment or as
thereafter reported to the court. If the personal representative has an
address different from that listed in the petition or reported to the
court, the person giving the notice shall also mail the notice to that
address if it is known to the person. [1973 c.506 §22] (1) A
person nominated as personal representative who has been convicted of a
felony shall inform the court of the conviction. The conviction shall not
disqualify the nominee from acting as personal representative unless the
court finds that the facts underlying the conviction are substantially
similar to facts which would constitute grounds for removal of a personal
representative under ORS 113.195 (2), and the court has reasonable
grounds to believe that such person will be unfaithful to or neglectful
of the trust.
(2) A nominee who fails to inform the court of a felony conviction
may be disqualified from acting as personal representative. A personal
representative who so fails to inform the court may be removed. [1975
c.781 §8] A
person is not qualified to act as personal representative if the person
is:
(1) An incompetent.
(2) A minor.
(3) A person suspended for misconduct or disbarred from the
practice of law, during the period of suspension or disbarment.
(4) A person who has resigned from the Oregon State Bar when
charges of professional misconduct are under investigation or when
disciplinary proceedings are pending against the person, until the person
is reinstated.
(5) A licensed funeral service practitioner unless the decedent was:
(a) A relative of the licensed funeral service practitioner; or
(b) A licensed funeral service practitioner who was a partner,
employee or employer in the practice of the licensed funeral service
practitioner who is petitioning for appointment as personal
representative. [1969 c.591 §89; 1973 c.308 §1; 1973 c.506 §24; 1975
c.781 §6; 1993 c.287 §1; 2001 c.779 §11; 2003 c.14 §43](1) Unless a testator provides in a will that no
bond shall be required of the executor of the estate, or unless the
personal representative is the sole heir or devisee or is the Department
of State Lands, or is the Director of Human Services or a designee, or is
the Department of Veterans’ Affairs, the personal representative may not
act nor shall letters be issued to the personal representative until the
personal representative files with the clerk of the court a bond. The
bond shall be executed by a surety company authorized to transact surety
business in this state, or by one or more sufficient personal sureties
approved by the court. A personal surety must be a resident of this
state. The court may, in its discretion, require a bond notwithstanding
any provision in a will that no bond is required. The bond shall be for
the security and benefit of all interested persons and shall be
conditioned upon the personal representative faithfully performing the
duties of the trust.
(2) The amount of the bond set by the court shall be adequate to
protect interested persons, but in no event shall it be less than $1,000.
In setting the amount of the bond the court shall consider:
(a) The nature, liquidity and apparent value of the assets of the
estate.
(b) The anticipated income during administration.
(c) The probable indebtedness and taxes.
(3) Nothing in this section affects the provisions of ORS 709.240,
relating to a trust company acting as personal representative.
(4) Notwithstanding any other provisions of this section, a court
may, in its discretion, waive the requirement of a bond if all devisees
and heirs known to the court agree in writing that the requirement be
waived and the signed agreement is filed with the court at the time of
filing of the petition for the appointment of a personal representative.
[1969 c.591 §90; 1971 c.421 §2; 1973 c.369 §1; 1973 c.797 §425; 1989
c.682 §1; 2001 c.900 §16; 2003 c.395 §13; 2005 c.625 §72] The court may
increase or reduce the amount of the bond of a personal representative,
or require a new bond, if it appears to the court that the bond was
inadequate or excessive or a new bond is necessary. The surety on the
bond may be discharged from liability by an order made pursuant to ORS
33.510 and 33.520. [1969 c.591 §91] (1) Letters
testamentary or letters of administration shall be issued to the personal
representative appointed by the court upon the filing with the clerk of
the court the bond, if any, required by the court.
(2) Letters testamentary may be in the following form:
___________________________________________________________________________
___
LETTERS TESTAMENTARYNo. _______________
THIS CERTIFIES that the will of____________, deceased, has been
proved and ____________ has (have) been appointed and is (are) at the
date hereof the duly appointed, qualified and acting __________________
(Executor(s) or Administrator(s) with the Will Annexed) of the will and
estate of the decedent.
IN WITNESS WHEREOF, I, as Clerk of the Circuit Court of the State
of Oregon for the County of____________, in which proceedings for
administration upon the estate are pending, do hereby subscribe my name
and affix the seal of the court this ___ day of______, 2__.______________Clerk of the CourtBy __________________ Deputy(Seal)
___________________________________________________________________________
___ (3) Letters of administration may be in the following form:
___________________________________________________________________________
___
LETTERS OF ADMINISTRATIONNo. ____________
THIS CERTIFIES that _____ has (have) been appointed and is (are) at
the date hereof the duly appointed, qualified and acting administrator(s)
of the estate of_____, deceased, and that no will of the decedent has
been proved in this court.
IN WITNESS WHEREOF, I, as Clerk of the Circuit Court of the State
of Oregon for the County of_____, in which proceedings for administration
upon the estate are pending, do hereby subscribe my name and affix the
seal of the court this ___ day of_____, 2__.______________Clerk of the CourtBy __________________ Deputy(Seal)
___________________________________________________________________________
___ [1969 c.591 §92] If the personal
representative has employed an attorney to represent the personal
representative in the administration of the estate, the personal
representative shall file in the estate proceeding the name and
post-office address of the attorney unless that information appears in
the petition or the order appointing the personal representative. [1969
c.591 §93](1) Upon appointment a personal
representative shall deliver or mail to the devisees, heirs and the
persons described in ORS 113.035 (8) and (9) who were required to be
named in the petition for appointment of a personal representative, at
the addresses therein shown, information that shall include:
(a) The title of the court in which the estate proceeding is
pending and the clerk’s file number;
(b) The name of the decedent and the place and date of the death of
the decedent;
(c) Whether or not a will of the decedent has been admitted to
probate;
(d) The name and address of the personal representative and the
attorney of the personal representative;
(e) The date of the appointment of the personal representative;
(f) A statement advising the devisee, heir or other interested
person that the rights of the devisee, heir or other interested person
may be affected by the proceeding and that additional information may be
obtained from the records of the court, the personal representative or
the attorney for the personal representative;
(g) If information under this section is required to be delivered
or mailed to a person described in ORS 113.035 (8), a statement that the
rights of the person in the estate may be barred unless the person
proceeds as provided in ORS 113.075 within four months of the delivery or
mailing of the information; and
(h) If information under this section is required to be delivered
or mailed to a person described in ORS 113.035 (9), a statement that the
rights of the person in the estate may be barred unless the person
proceeds as provided in ORS 112.049 within four months of the delivery or
mailing of the information.
(2) If the personal representative is a devisee, heir or other
interested person named in the petition the personal representative is
not required to deliver or mail the information under this section to the
personal representative.
(3) The failure of the personal representative to give information
under this section is a breach of duty to the persons concerned, but does
not affect the validity of appointment, duties or powers or the exercise
of duties or powers.
(4) Within 30 days after the date of appointment a personal
representative shall cause to be filed in the estate proceeding proof by
an affidavit of the delivery or mailing required by this section or a
waiver of notice as provided under ORS 111.225. The affidavit shall
include a copy of the information delivered or mailed and the names of
the persons to whom it was delivered or mailed.
(5) If before the filing of the final account the personal
representative has actual knowledge that the petition did not include the
name and address of any person described in ORS 113.035 (4), (5), (7),
(8) or (9), the personal representative shall:
(a) Make reasonable efforts under the circumstances to ascertain
each of those names and addresses;
(b) Promptly deliver or mail information as described in subsection
(1) of this section to each of those persons located after the filing of
the petition and before the filing of the final account; and
(c) File in the estate proceeding, on or before filing the final
account under ORS 116.083, proof by affidavit of compliance with this
subsection or a waiver of notice as provided under ORS 111.225.
(6) Within 30 days after the appointment of a personal
representative, the personal representative must mail or deliver the
information specified in subsection (1) of this section and a copy of the
death certificate of the decedent to the Department of Human Services.
[1969 c.591 §94; 1973 c.506 §25; 1991 c.704 §3; 2001 c.620 §1; 2003 c.14
§44; 2003 c.395 §26; 2005 c.741 §5] (1) Upon
appointment a personal representative shall cause a notice to interested
persons to be published once in each of three consecutive weeks in:
(a) A newspaper published in the county in which the estate
proceeding is pending; or
(b) If no newspaper is published in the county in which the estate
proceeding is pending, a newspaper designated by the court.
(2) The notice shall include:
(a) The title of the court in which the estate proceeding is
pending;
(b) The name of the decedent;
(c) The name of the personal representative and the address at
which claims are to be presented;
(d) A statement requiring all persons having claims against the
estate to present them, within four months after the date of the first
publication of the notice to the personal representative at the address
designated in the notice for the presentation of claims or they may be
barred;
(e) The date of the first publication of the notice; and
(f) A statement advising all persons whose rights may be affected
by the proceeding that additional information may be obtained from the
records of the court, the personal representative or the attorney for the
personal representative.
(3) The failure of the personal representative to cause a notice to
be published under this section is a breach of duty to the persons
concerned, but does not affect the validity of appointment, duties or
powers or the exercise of duties or powers.
(4) A personal representative shall file in the estate proceeding
proof by an affidavit of the publication of notice required by this
section. The affidavit shall include a copy of the published notice.
[1969 c.591 §95; 1973 c.506 §26] Within 60 days after the
date of appointment, unless a longer time is granted by the court, a
personal representative shall file in the estate proceeding an inventory
of all the property of the estate that has come into the possession or
knowledge of the personal representative. The inventory shall show the
estimates by the personal representative of the respective true cash
values as of the date of the death of the decedent of the properties
described in the inventory. [1969 c.591 §96; 1987 c.586 §27; 1991 c.191
§2] Whenever any
property of the estate not included in the inventory comes into the
possession or knowledge of the personal representative, the personal
representative shall either file in the estate proceeding a supplemental
inventory within 30 days after the date of receiving possession or
knowledge, or include the property in the next accounting. [1969 c.591
§97] (1)
The personal representative may employ a qualified and disinterested
appraiser to assist the personal representative in the appraisal of any
property of the estate the value of which may be subject to reasonable
doubt. Different persons may be employed to appraise different kinds of
property.
(2) The court in its discretion may direct that all or any part of
the property of the estate be appraised by one or more appraisers
appointed by the court.
(3) Property for which appraisement is required shall be appraised
at its true cash value as of the date of the death of the decedent. Each
appraisement shall be in writing and shall be signed by the appraiser
making it.
(4) Each appraiser is entitled to be paid a reasonable fee from the
estate for services and to be reimbursed from the estate for necessary
expenses. [1969 c.591 §98] (1) When a personal
representative ceases to be qualified as provided in ORS 113.095, or
becomes incapable of discharging duties, the court shall remove the
personal representative.
(2) When a personal representative has been unfaithful to or
neglectful of the trust, the court may remove the personal representative.
(3) When a personal representative has failed to comply with ORS
113.092, the court may remove the personal representative.
(4) When grounds for removal of a personal representative appear to
exist, the court, on its own motion or on the petition of any interested
person, shall order the personal representative to appear and show cause
why the personal representative should not be removed. A copy of the
order to show cause and of the petition, if any, shall be served upon the
personal representative and upon the surety of the personal
representative as provided in ORS 111.215. [1969 c.591 §99; 1975 c.781 §9] (1) Every
power exercisable by copersonal representatives may be exercised by the
survivors or survivor of them when the appointment of one is terminated,
unless the will provides otherwise.
(2) Where one of two or more persons named as coexecutors is not
appointed, those appointed may exercise all the powers incident to the
office, unless the will provides otherwise. [1969 c.591 §100] (1) When
a personal representative dies, is removed by the court, or resigns and
the resignation is accepted by the court, the court may appoint, and, if
the personal representative was the sole or the last surviving personal
representative and administration is not completed, the court shall
appoint another personal representative in place of the personal
representative.
(2) If, after a will has been proven and letters testamentary or of
administration with the will annexed have been issued, the will is set
aside, declared void or inoperative, the letters testamentary or of
administration with the will annexed shall be revoked and letters of
administration issued.
(3) If, after administration has been granted, a will of the
decedent is found and proven, the letters of administration shall be
revoked and letters testamentary or of administration with the will
annexed shall be issued.
(4) When a successor personal representative is appointed, the
successor has all the rights and powers of the predecessor or of the
executor named in the will, except that the successor shall not exercise
powers given in the will which by its terms are personal to the personal
representative named therein. [1969 c.591 §101](1) If the personal representative dies, is removed by
the court or resigns after the notice to interested persons required by
ORS 113.155 has been published but before the expiration of four months
from the date of first publication, the successor personal representative
shall cause notice to interested persons to be published as if the
successor were the original personal representative. The republished
notice shall state that the original personal representative died, was
removed by the court or resigned, the date of death, removal or
resignation and the date of appointment of the new personal
representative. It also shall state that all persons having claims
against the estate shall present them, within four months after the date
of the first publication of the republished notice, to the new personal
representative, at the address designated in the republished notice for
the presentation of claims, or they may be barred.
(2) No notice by the successor personal representative shall be
required under subsection (1) of this section if the original personal
representative dies, is removed by the court, or resigns after the
expiration of four months from the date of the first publication of the
notice to interested persons. [1969 c.591 §102; 1977 c.187 §1]The Director of the Department of State Lands
shall appoint one or more estate administrators to act for the Department
of State Lands in administration of any estate in which the Department of
State Lands is appointed personal representative. An estate administrator
appointed under this section is an employee of the Department of State
Lands. [2003 c.395 §7](1) Any person who has knowledge
that a decedent died wholly intestate, that the decedent owned property
subject to probate in Oregon and that the decedent died without a known
heir shall give notice of the death within 48 hours after acquiring that
knowledge to an estate administrator of the Department of State Lands
appointed under ORS 113.235.
(2) Except as provided by ORS 708A.430, 722.262 and 723.466, a
person may not dispose of or diminish any assets of the estate of a
decedent who has died wholly intestate, who owned property subject to
probate in Oregon and who died without a known heir unless the person has
prior written approval of an estate administrator of the Department of
State Lands appointed under ORS 113.235. The prohibition of this
subsection:
(a) Applies to a guardian or conservator for the decedent; and
(b) Does not apply to a personal representative appointed under ORS
113.085 (3) or to an affiant authorized under ORS 114.520 to file an
affidavit under ORS 114.515.
(3) For purposes of this section, a known heir is an heir who has
been identified and found. [2003 c.395 §8] (1) An estate
administrator of the Department of State Lands appointed under ORS
113.235 may take custody of the property of a decedent who died owning
property subject to probate in Oregon upon the estate administrator
receiving notice that:
(a) The decedent died wholly intestate and without a known heir as
described in ORS 113.238 (3); or
(b) The decedent left a valid will, but no devisee has been
identified and found.
(2) For any estate described in subsection (1) of this section, an
estate administrator of the Department of State Lands appointed under ORS
113.235 may:
(a) Incur expenses for the funeral, burial or other disposition of
the remains of the decedent in a manner suitable to the condition in life
of the decedent;
(b) Incur expenses for the protection of the property of the estate;
(c) Incur expenses searching for a will or for heirs or devisees of
the decedent;
(d) Have access to the property and records of the decedent other
than records that are made confidential or privileged by statute;
(e) With proof of the death of the decedent, have access to all
financial records of accounts or safe deposit boxes of the decedent at
banks or other financial institutions; and
(f) Sell perishable property of the estate.
(3) The reasonable funeral and administrative expenses of the
Department of State Lands incurred under this section, including a
reasonable attorney fee, shall be paid from the assets of the estate with
the same priority as funeral and administration expenses under ORS
115.125. [2003 c.395 §9]
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