Oregon Statute | Act | Code |Title 12 Probate Law| US Code - US Statute

Administration may be had upon the estate of an absentee. A petition for
administration shall state, in addition to the information required by
ORS 113.035:

(1) Whether the absentee, when last heard from, was a resident or
nonresident of this state.

(2) The address of the absentee at the last-known domicile of the
absentee.

(3)(a) That, to the best knowledge of the petitioner and after
diligent search, the whereabouts of the absentee is and has been unknown
for a period stated of not less than one year, and that the petitioner
has reason to believe and believes the absentee is dead;

(b) That the death of the absentee at the time, location and in the
circumstances stated in the petition is probable, and that the fact of
death is in doubt solely by reason of the failure to find or identify the
remains of the absentee; or

(c) That there is a presumption that the absentee is dead under the
provisions of ORS 176.740. [1969 c.591 §203; 2003 c.560 §2] (1)
Upon the filing of a petition under ORS 117.005, the clerk of the court
shall set a date for hearing not less than 30 days after the date of
filing the petition, unless the court sets an earlier date. A copy of the
notice of the hearing shall be sent:

(a) To the absentee at the last-known address of the absentee by
registered mail or by certified mail with return receipt.

(b) By ordinary mail to the devisees and heirs named in the
petition.

(2) The court may order that additional notice of the hearing be
given by publication or by other means. Proof of mailing may be made by
the petitioner by affidavit. [1969 c.591 §204; 1973 c.506 §39; 1991 c.249
§15]The court may appoint some disinterested person as guardian ad
litem to appear for the absentee at the hearing on the petition. The
court may direct the petitioner or the guardian ad litem to make search
for the absentee in any manner the court considers advisable, including
any or all of the following methods:

(1) By inserting in one or more suitable publications a notice
requesting information from any person having knowledge of the
whereabouts of the absentee.

(2) By notifying officers of justice and public welfare agencies in
appropriate locations of the disappearance of the absentee.

(3) By engaging the services of an investigation agency. [1969
c.591 §205] Upon the hearing on the petition the
court shall determine whether the absentee has died and if so, the date
of death and whether the absentee died testate or intestate. Upon finding
that the absentee has died, the court shall grant letters accordingly,
or, in the absence of that finding, may deny the petition. An appeal may
be taken from the order of the court. [1969 c.591 §206] The finding of the court that
the absentee has died is conclusive as to the estate of the absentee only
if:

(1) Notice of the hearing on the petition was given as required by
ORS 117.015; and

(2) The court finds that diligent search for the absentee was made.
[1969 c.591 §207] Upon the entry of the
order of the court finding that the absentee has died and granting
letters, administration of the estate of the absentee, whether testate or
intestate, shall proceed as provided for the estates of other decedents,
except as otherwise provided in this chapter. [1969 c.591 §208] Upon
proof that the absentee is alive, letters theretofore granted shall be
revoked. Acts of the personal representative before revocation of letters
are as valid as though the letters had not been revoked, but after
revocation the personal representative has no further power in the
capacity of personal representative except as provided in this section.
The personal representative shall pay claims allowed and proved. Within
30 days after letters are revoked under this section, the personal
representative must file an account of administration for the period of
time before revocation of letters and transfer any property in the
possession of the personal representative to the person for whose estate
the personal representative acted or to the authorized agent of that
person. [1969 c.591 §209; 1999 c.592 §3] (1) If property of the absentee has
been sold by the personal representative, the absentee has no right,
title or interest in or to the property sold, but only to the proceeds
realized therefrom or so much thereof as may remain in the possession of
the personal representative upon the closing of the estate.

(2) The absentee, for a period of five years after distribution of
the estate, has a right to recover from the distributees any of the
estate or proceeds of the estate of the absentee that remain in their
possession, but there is no right of recovery from purchasers of property
sold by the distributees. [1969 c.591 §210] After revocation of letters the
absentee may be substituted as plaintiff in actions brought by the
personal representative. The absentee may be substituted as defendant,
upon application by the absentee or application by the plaintiff, in
actions brought against the personal representative. [1969 c.591 §211] The costs, expenses and
charges attending the granting of letters and their revocation shall be
paid out of the estate of the absentee. If the petition for
administration is not granted, the petitioner shall pay the costs,
expenses and charges. [1969 c.591 §212]

_______________

Usa-oregon Law Firm / Lawyers Services Provided in Usa-oregon :

Usa-oregon Divorce Laws, custody, Usa-oregon Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-oregon Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-oregon Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-oregon, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-oregon, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-oregon Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-oregon

LEGAL SERVICES

Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code

LAWYER BY LOCATION

India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...

LAW PRACTICE AREA

Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law

ABOUT HELPLINELAW

About Us
Contact Us
Services
Site Map
Recommend to Friends

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.