Intestate Succession and Wills

ORS 112.055
Escheat


(1)

If, after diligent search and inquiry that is appropriate to the circumstances, taking into account the value of the decedent’s estate, no person takes under ORS 112.025 (Share of surviving spouse if decedent leaves descendants) to 112.045 (Share of others than surviving spouse), the net intestate estate escheats to the State of Oregon.

(2)

If a devisee or a person entitled to take under ORS 112.025 (Share of surviving spouse if decedent leaves descendants) to 112.045 (Share of others than surviving spouse) is not identified or found, the share of that person escheats to the State of Oregon.

(3)

If a devisee or a person entitled to take under ORS 112.025 (Share of surviving spouse if decedent leaves descendants) to 112.045 (Share of others than surviving spouse) is not identified or found:

(a)

The Department of State Lands has the same preference as the missing devisee or person for the purpose of appointment as personal representative under ORS 113.085 (Preference in appointing personal representative);

(b)

Title to property of the decedent that would vest in the missing devisee or person under ORS 114.215 (Devolution of and title to property) vests in the Department of State Lands; and

(c)

The Department of State Lands has all of the rights of the missing devisee or person for the purposes of ORS chapters 111, 112, 113, 114, 115, 116 and 117, including but not limited to the following:

(A)

The right to contest any will of the decedent under ORS 113.075 (Will contest); and

(B)

The right to information under ORS 113.145 (Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority). [1969 c.591 §23; 2003 c.395 §2; 2015 c.387 §5]
Note: The amendments to 112.055 (Escheat) by section 31, chapter 678, Oregon Laws 2019, become operative July 1, 2021. See section 85, chapter 678, Oregon Laws 2019. The text that is operative on and after July 1, 2021, is set forth for the user’s convenience.
112.055 (Escheat). (1) If, after diligent search and inquiry that is appropriate to the circumstances, taking into account the value of the decedent’s estate, no person takes under ORS 112.025 (Share of surviving spouse if decedent leaves descendants) to 112.045 (Share of others than surviving spouse), the net intestate estate escheats to the State of Oregon.

(2)

If a devisee or a person entitled to take under ORS 112.025 (Share of surviving spouse if decedent leaves descendants) to 112.045 (Share of others than surviving spouse) is not identified or found, the share of that person escheats to the State of Oregon.

(3)

If a devisee or a person entitled to take under ORS 112.025 (Share of surviving spouse if decedent leaves descendants) to 112.045 (Share of others than surviving spouse) is not identified or found:

(a)

The State Treasurer has the same preference as the missing devisee or person for the purpose of appointment as personal representative under ORS 113.085 (Preference in appointing personal representative);

(b)

Title to property of the decedent that would vest in the missing devisee or person under ORS 114.215 (Devolution of and title to property) vests in the State Treasurer; and

(c)

The State Treasurer has all of the rights of the missing devisee or person for the purposes of ORS chapters 111, 112, 113, 114, 115, 116 and 117, including but not limited to the following:

(A)

The right to contest any will of the decedent under ORS 113.075 (Will contest); and

(B)

The right to information under ORS 113.145 (Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority).

Source

Last accessed
Jun. 26, 2021