OAR 141-035-0047
When Heirs Are Discovered
(1)
A person claiming to be an heir of the decedent during the administration of a full probate or Small Estates Affidavit must submit to the Estate Administrator acceptable proof to substantiate kinship to the decedent. Acceptable proof includes, but is not limited to, certified copies of death and birth certificates, genealogical search records, obituaries, funeral notices, Baptism records, and family Bibles. The Department may continue to administer the estate until the Estate Administrator determines that evidence submitted is sufficient to prove that the person is legally entitled to the decedent’s assets. If other heirs are identified but not located, the Department may continue to administer the estate in order to protect the interest of the missing heirs and the Common School Fund, or if administration of the probate is substantially complete and the Estate Administrator and the known heirs agree that it is in the best interests of the estate for the Department to complete the administration.(2)
If the Department has filed a probate, and all heirs are subsequently identified and found, the heir shall file a substitution of personal representative with the probate court, and a court certified copy of the order of substitution with the Department.(3)
If the administration is by a Small Estates Affidavit, the heir shall file an amended Small Estates Affidavit with the court, which shows that the heir is taking over control and responsibility of the estate from the Department, and submit a court certified copy to the Department.(4)
Upon receipt of the court certified copy of the amended Small Estates Affidavit or the order of substitution of Personal Representative, the Estate Administrator shall turn over the assets, less the Department’s administrative costs and attorney fees, to the claiming successor or successor Personal Representative, including all bills and claims against the estate.
Source:
Rule 141-035-0047 — When Heirs Are Discovered, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-035-0047.