OAR 141-035-0018
Taking Custody of Property; Payment of Expenses of Estate
(1)
An estate administrator of the Department of State Lands may take custody of the property of a decedent who died owning property subject to probate in Oregon upon the estate administrator receiving notice that:(a)
The decedent died wholly intestate and without a known heir; or(b)
The decedent left a valid will, but no devisee has been identified and found.(2)
For any estate described in subsection (1) of this section, an estate administrator of the Department of State Lands may:(a)
Incur expenses for the funeral, burial or other disposition of the remains of the decedent in a manner suitable to the condition in life of the decedent;(b)
Incur expenses for the protection of the property of the estate;(c)
Incur expenses searching for a will or for heirs or devisees of the decedent;(d)
Have access to the property and records of the decedent other than records that are made confidential or privileged by statute;(e)
With proof of the death of the decedent, have access to all financial records of accounts or safe deposit boxes of the decedent at banks or other financial institutions; and(f)
Sell or dispose of perishable property of the estate.(3)
The reasonable funeral and administrative expenses of the Department of State Lands incurred under this section, including a reasonable attorney fee, shall be paid from the assets of the estate with the same priority as funeral and administration expenses under ORS 115.125 (Order of payment of expenses and claims).(4)
When the Department receives notice of a person who has died and for whom it appears there are no known heirs to inherit and no known will, the Estate Administrator shall complete an intake form, which shall include, but need not be limited to, the following information:(a)
Decedent’s name, address, Social Security number, date of death, place of death, and date of birth, if known;(b)
Notifier’s name, contact information, and relationship to the decedent;(c)
Funeral home where the body has been taken, name of the director or principal;(d)
The decedent’s place of residence, personal property, financial assets, and any other information determined to be pertinent;(e)
Names, addresses and phone numbers of friends and neighbors who can lend assistance in trying to establish identity of nearest of kin; and(f)
Any other information regarding relatives of the decedent, or that might assist in locating heirs.
Source:
Rule 141-035-0018 — Taking Custody of Property; Payment of Expenses of Estate, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-035-0018.