OAR 141-035-0016
Notice to Department of Decedent Who Died Without Known Heirs

(1)

Any person who has knowledge that a decedent died wholly intestate, that the decedent owned property subject to probate in Oregon and that the decedent died without a known heir shall give notice of the death within 48 hours after acquiring that knowledge to an estate administrator of the Department of State Lands.

(2)

Except as provided by ORS 708A.430 (Disposition of deposit on death of depositor) and 723.466 (Disposition of deposit on death of depositor), a person may not dispose of or diminish any assets of the estate of a decedent who has died wholly intestate, who owned property subject to probate in Oregon and who died without a known heir unless the person has prior written approval of an estate administrator of the Department of State Lands. The prohibition of this subsection:

(a)

Applies to a guardian or conservator for the decedent; and

(b)

Does not apply to a personal representative appointed under ORS 113.085 (Preference in appointing personal representative)(3) or to an affiant authorized under 114.520 (Authorization from Department of State Lands required for filing of affidavit by creditor if decedent dies intestate and without heirs) to file an affidavit under 114.515 (Small estate affidavit).

(3)

For purposes of this rule, “person” includes, but is not limited to friends, neighbors, care centers, nursing homes, hospitals, banking institutions, attorneys, guardians and conservators.

Source: Rule 141-035-0016 — Notice to Department of Decedent Who Died Without Known Heirs, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=141-035-0016.

Last Updated

Jun. 8, 2021

Rule 141-035-0016’s source at or​.us