OAR 141-035-0012
Authority of Department of State Lands in Administration of Estates
(1)
In any estate administered by the Department pursuant to 141-035-0011 (Rights of Department of State Lands in Escheated Estates), the Department may:(a)
Administer the estate under the probate laws of Oregon in accordance with ORS Chapters 113 to 116;(b)
Administer the estate under the provisions for small estates in ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy);(c)
Submit an affidavit and receive funds from a financial institution under ORS 708A.430 (Disposition of deposit on death of depositor);(d)
Submit an affidavit to examine the contents of a safe deposit box under ORS 708A.655 (Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box), 722.660 or 723.844 (Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box);(e)
Submit an affidavit and receive the withdrawal of value of property in accordance with ORS 722.262;(f)
Submit an affidavit and receive the moneys of the decedent on deposit with a credit union in accordance with ORS 723.466 (Disposition of deposit on death of depositor); or(g)
Deposit to the Common School Fund without formal proceedings assets of a decedent which are voluntarily delivered to the Department or secured by the Department in accordance with ORS 113.242 (Authority of estate administrator). In such cases, the Department shall take reasonable steps under the circumstances to identify and notify heirs and to identify and pay from the assets received creditors of the estate.(2)
Except for expenses disallowed by the court with authority over the probate, any expenses of the Department in carrying out the authority set forth in subsection (1) of this rule shall be paid from the proceeds of the estate. Such expenses shall be calculated in the manner described in OAR 141-035-0068 (Computation of Department Expenses). The Department encourages personal representatives sending notices and documents required by statute to the Department to include a letter explaining the practical circumstances of the estate and such additional information as will assist the estate administrator in protecting the interest of the State of Oregon in the estate.
Source:
Rule 141-035-0012 — Authority of Department of State Lands in Administration of Estates, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-035-0012.