OAR 141-035-0048
Disclaimer Of Interest In Estate
(1)
In accordance with ORS 105.623 (Short title) to 105.649 (Uniformity of application and construction), any heir or devisee to an estate may disclaim all interest in an estate by delivering the disclaimer to the Department as personal representative of the estate, or if the Department is not serving at the time the disclaimer is made, by delivering the disclaimer:(a)
If a personal representative other than the Department is presently serving, to that personal representative; or(b)
If a personal representative is not serving at the time the disclaimer is made the disclaimer must be filed with a court having jurisdiction to appoint the personal representative.(2)
Upon notification to the Department of any heir or devisee who refuses to act as personal representative of the estate of a decedent, and who refuses an interest in the estate, the Department may forward a disclaimer to the person disclaiming.(3)
The disclaimer shall:(a)
Be in writing or otherwise recorded by inscription on a tangible medium or by storage in an electronic or other medium in a manner that allows the disclaimer to be retrieved in perceivable form;(b)
Declare that the person disclaims the interest in the property or in the power of appointment;(c)
Describe the interest in property or power over property that is disclaimed;(d)
Be signed by the person making the disclaimer; and(e)
Be delivered in the manner provided in ORS 105.642 (Delivery or filing).(4)
Upon receipt of the properly executed disclaimer by the Department, the decedent shall be treated as though he or she died wholly intestate and without heirs with respect to the disclaimant, and the Estate Administrator shall petition the court to be appointed as personal representative or Small Estates Affiant to administer the estate in the usual manner.
Source:
Rule 141-035-0048 — Disclaimer Of Interest In Estate, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-035-0048.