OAR 141-030-0015

As used in this Division and Division 35 of these rules:


“Administration” means any proceeding relating to the estate of a decedent, whether the decedent died testate, intestate or partially intestate.
(2) “Affiant” means the person or persons signing an affidavit for a small estate filed under ORS 114.515 (Small estate affidavit).
(3) “Agent” means a person who is filing a petition to recover escheat property on behalf of a claimant.
(4) “Assets” includes real, personal and intangible property.
(5) “Claim” includes liabilities of a decedent, whether arising in contract, in tort or otherwise.
(6) “Claimant” means a person or entity claiming to be the rightful owner and legally entitled to escheat property held by the Department.
(7) “Claiming Successor” means:
(a) If the decedent died intestate, the heir or heirs of the decedent, or if there is no heir, the Director of the Department of State Lands;
(b) If the decedent died testate, the devisee or devisees of the decedent; and
(c) Any creditor of the estate entitled to payment or reimbursement from the estate under ORS 114.545 (Affiant as fiduciary)(1)(c) who has not been paid or reimbursed the full amount owed such creditor within 60 days after the date of the decedent’s death.
(8) “Court” or “probate court” means the court in which jurisdiction of probate matters, causes and proceeding is vested as provided in ORS 111.075 (Probate jurisdiction vested).
(9) “Decedent” means a person who has died.
(10) “Department” means the Department of State Lands.
(11) “Devisee” includes “legatee” and “beneficiary”.
(12) “Director” means the Director of the Department of State Lands or the designee of the Director.
(13) “Distributee” means a person entitled to any property of a decedent under the will of the decedent or under intestate succession.
(14) “Escheat property” means property paid or delivered to the Department because the devisee or heir could not be found or refused to accept the property.
(15) “Estate” means the real and personal property of a decedent as from time to time changed in form by sale, reinvestment or otherwise, and augmented by any accretions or additions thereto and substitutions therefore or diminished by any decreases and distributions therefrom.
(16) “Estate Administrator” means an employee of the Department appointed by the Director to protect the assets of a decedent and administer the estate on behalf of the Department.
(17) “Finder” means any person who independently searches for and finds the owners of escheat property for a fee paid by the owner.
(18) “Funeral” includes burial, cremation or other disposition of the remains of a decedent, including the plot or tomb and other necessary incidents to the disposition of the remains.
(19) “Heir” means any person, including the surviving spouse, who is entitled under intestate succession to the property of a decedent who died wholly or partially intestate.
(20) “Interested person” includes heirs, devisees, children, spouses, creditors and any others having a property right or claim against the estate of a decedent that may be affected by the proceeding. It also includes fiduciaries representing interested persons.
(21) “Intestate” means one who dies without leaving a valid will, or the circumstance of dying without leaving a valid will, effectively disposing of all the estate.
(22) “Intestate succession” means succession to property of a decedent who dies intestate or partially intestate.
(23) “Issue” includes adopted children and their issue and, when used to refer to persons who take by intestate succession, includes all lineal descendants, except those who are the lineal descendants of living lineal descendants.
(24) “Known heir” means an heir who has been identified and found.
(25) “Personal property” includes all property other than real property.
(26) “Personal Representative” includes executor, administrator, administrator with will annexed and administrator de bonis non, but does not include special administrator.
(27) “Property” means both real and personal property.
(28) “Probate” means the court procedure that encompasses all matters and proceedings pertaining to administration of estates as described in ORS 111.085 (Probate jurisdiction described), including but not limited to appointment and qualification of personal representatives, determination of heirships, construction of wills, and the administration, settlement and distribution of estates of decedents. As to the estate of a decedent, “settlement” includes, the full process of administration, distribution and closing.
(29) “Real property” means all legal and equitable interests in land, in fee and for life.
(30) “U.S. Savings Bonds” means:
(a) U.S. savings bonds, series A, B, C, D, E, F, G, H, J AND K, AND U.S. savings notes, governed by 31 C.F.R. 315;
(b) Definitive U.S. savings bonds, series EE and HH, governed by 31 C.F.R 353; and
(c) Definitive U.S. savings bonds, series I, governed by 31 C.F.R. 360.
(31) “Testate” means the circumstances of dying with a legal, valid will that effectively disposes of all the estate.
(32) “Will” means the legal, valid, written document that disposes of the estate. “Will” includes a codicil or a testamentary instrument that merely appoints an executor or that merely revokes or revives another will.
Last Updated

Jun. 8, 2021

Rule 141-030-0015’s source at or​.us