OAR 141-035-0020
Initial Proceedings
(1)
Pursuant to ORS 113.085 (Preference in appointing personal representative)(2), if it appears that the decedent died wholly intestate and without known heirs, the Court shall appoint the Department of State Lands as personal representative or small estates affiant. The Department of Justice shall represent the Department of State Lands in the administration of the estate.(2)
The court may appoint a person other than the Department of State Lands to administer the estate of a decedent who died wholly intestate and without known heirs if the person filing a petition under ORS 113.085 (Preference in appointing personal representative)(3) attaches written authorization from an estate administrator approving the filing of the petition by the person. Except as provided in subsection (3) of this rule, an estate administrator may consent to the appointment of another person to act as personal representative only if it appears after investigation that the estate is insolvent.(3)
Any person who wishes to petition the court for appointment as a personal representative for the estate of a decedent who died wholly intestate and without known heirs shall submit a written request to the Department. The estate administrator may authorize the appointment of another person to act as personal representative if:(a)
After investigation, the estate administrator determines the estate is insolvent; or(b)
The estate administrator determines that the appointment is the most cost-effective method to administer the estate and protect the assets of the estate.(4)
A creditor of an estate shall give written notice to the Department informing the Director that the creditor intends to file a Small Estates Affidavit. The Department shall investigate the assets and liabilities of the estate, and within 30 days after receipt of the notice, either:(a)
Give written authorization to the creditor to file the Small Estates Affidavit; or(b)
Inform the creditor that the Department will file a Small Estates Affidavit, and include the creditor as an interested person.
Source:
Rule 141-035-0020 — Initial Proceedings, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-035-0020.