OAR 141-030-0025
Petitions to Recover Estate Property
(1)
Pursuant to ORS 116.253 (Recovery of escheated property), a claimant or agent may initiate a claim to recover escheat estate property by filing a petition with the Department within the later of 10 years after the death of a decedent from whose estate the Department received the property, or eight years after the entry of a decree or order escheating the property to the state.(2)
A petition shall be considered filed upon its receipt by the Department.(3)
The petition shall provide all information required under subsections (4) and (5) of this rule. The petition shall be verified and state the following:(a)
The name, age, and place of residence of the claimant by whom or on whose behalf the petition is filed.(b)
That the claimant is lawfully entitled to the property or proceeds, and a brief description of the property or proceeds.(c)
That at the time the property escheated to the state, the claimant had no knowledge or notice thereof or was unable to prove entitlement to the escheated property and has subsequently acquired new evidence of that entitlement.(d)
That the claimant claims the property or proceeds as:(A)
(For escheat of an estate) An heir or as the personal representative of the estate of an heir.(B)
(For escheat of a distributive share of an estate) The person who was entitled to receive the distributive share or that person’s personal representative.(e)
That 10 years have not elapsed since the death of the decedent from whose estate the Department received the property, or that eight years have not elapsed since the entry of the decree or order escheating the property to the state.(f)
If the petition is filed on behalf of the claimant, the identity and authority of the claimant’s agent.(4)
The petition to recover estates and distributive shares shall be supported by the following documents:(a)
Current photo identification of the claimant, or other satisfactory proof of identity.(b)
An acknowledged indemnification agreement signed by the claimant(s) and acceptable to the Department.(c)
If the petition is being filed by an agent for a claimant, a Power of Attorney or written, acknowledged authorization given by each claimant to the agent to act on behalf of the claimant. The original Power of Attorney or authorization shall be filed with the petition. A finder who is acting as an agent for a claimant shall be licensed and comply with the requirements of ORS 703.401 (Definitions) to 703.470 (Opportunity for hearing). The finder shall forward a copy of the finder’s current license issued by the Department of Public Safety Standards and Training with the initial Power of Attorney. Subsequent claims filed by a finder shall include the current license number on the Power of Attorney.(d)
If the property was paid or delivered to the Department because a decedent died intestate with no known heirs, a genealogical chart showing the relationship of all heirs of the decedent. If the line has lapsed, a statement shall be included that no issue exists and proof that the line lapsed by death. If persons in a line have not been identified or found, the statement shall include information on the efforts made to identify and find the persons in that line and all known information on that line.(e)
If the property was paid or delivered to the Department because a decedent died intestate with no known heirs, certified copies of birth, death, and/or marriage certificates, that show the family relationships of the heirs to the decedent.(5)
In addition to the documents required by subsection (4) of this rule, a petition may also include the following records to verify and establish the relationship of the heirs to the decedent:(a)
Bureau of Census Records;(b)
Published obituaries and funeral Notices;(c)
Wills of deceased family members, which show the relationship of heirs to each other;(d)
Church records showing birth, death, baptism, or marriages;(e)
Applications for Social Security cards, naturalization records, employee pension plans or any records containing the signature of the applicant/claimant and listing any designated beneficiaries, other family members or parents;(f)
Court records and duly authenticated records of proceedings conducted before domestic and foreign courts to show the heirs of the decedent and the entitlement of the claimant to the escheat funds.(6)
Copies of documents submitted to support a petition shall be certified by the custodian of the original document or shall include an appropriate reference to the source at which they may be verified.(7)
The burden is on the claimant to provide sufficient proof to establish the elements of the claim, and it is the claimant’s responsibility to contact persons and to search out documents relating to the application.(8)
In order to assist the Department in determining the rightful owner of an account, a claimant may voluntarily include the claimant’s Social Security number on the petition.(9)
For the purposes of this rule, the death of the decedent is presumed to have occurred on the date shown in the decedent’s death certificate or in any other similar document issued by the jurisdiction in which the death occurred or issued by an agency of the federal government.
Source:
Rule 141-030-0025 — Petitions to Recover Estate Property, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-030-0025.