OAR 141-035-0065
Closing the Estate and Escheat of Assets
(1)
The Department shall make every effort to close full estates admitted to probate within one year after the court appointment date. If the full probate cannot be closed within one year the Estate Administrator shall file an annual accounting with the appropriate probate court.(2)
Prior to closing, the Estate Administrator shall compute the administrative and Department of Justice expenses. If the estate was admitted to full probate, fees shall be computed in accordance with ORS 116.173 (Compensation of personal representative). The Estate Administrator shall compute administrative expenses of the Department in the manner described in OAR 141-350-0068. In addition, extraordinary expenses such as special trips by the Estate Administrator, additional manpower required to inventory, transport or dispose of personal property shall be computed and included as administrative expenses in the final account submitted to the court.(3)
If the estate was filed under the Small Estates procedure, the Estate Administrator shall:(a)
Complete administration and processing of claims and expenses immediately after the end of the four month period after the affidavit is filed with the probate court; and(b)
Compute administrative and legal expenses as actual costs incurred in accordance with ORS 116.183 (Expenses of personal representative). The Estate Administrator shall compute administrative expenses of the Department in the manner described in OAR 141-350-0068.(4)
The amount remaining after payment of expenses shall be placed in a trust fund of the Department and held for ten (10) years after the date of death or eight (8) years after of the date entry of the judgment or order of escheat. If heirs claim the estate during that period, Department shall apply the procedures of OAR 141-030-0025 (Petitions to Recover Estate Property) and ORS 116.253 (Recovery of escheated property). If an heir does not file a petition for recovery within the time period, the Department shall deposit the total amount credited to the estate subsidiary account in the Common School Fund.
Source:
Rule 141-035-0065 — Closing the Estate and Escheat of Assets, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-035-0065.