OAR 141-035-0011
Rights of Department of State Lands in Escheated Estates
(1)
Any portion of a net estate that is not effectively disposed of by will or by intestate succession under ORS 112.025 (Share of surviving spouse if decedent leaves descendants) to 112.045 (Share of others than surviving spouse) escheats to the State of Oregon. Such property vests in the State of Oregon at the time the court enters its decree or order and is subject to a condition subsequent of divestment if a qualified claimant successfully asserts a claim for recovery under ORS 116.253 (Recovery of escheated property) and OAR 141-030-0025 (Petitions to Recover Estate Property). The Department of State Lands shall administer the estate or represent the interests of the State of Oregon with regard to the estate.(2)
If a devisee or a person entitled to take under intestate succession is not identified or found:(a)
The share of that person escheats to the State of Oregon;(b)
The Department has the same preference as the missing devisee or person for the purpose of appointment as personal representative under ORS 113.085 (Preference in appointing personal representative);(c)
Title to property of the decedent that would vest in the missing devisee or person under ORS 114.215 (Devolution of and title to property) vests in the Department; and(d)
The Department has all of the rights of the missing devisee or person for the purposes of ORS Chapters 111, 112, 113, 114, 115, 116 and 117, including but not limited to the following:(A)
The right to contest any will of the decedent under ORS 113.075 (Will contest); and(B)
The right to information under ORS 113.145 (Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority).
Source:
Rule 141-035-0011 — Rights of Department of State Lands in Escheated Estates, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-035-0011.