Intestate Succession and Wills

ORS 112.058
Preferences and presumptions in escheat proceedings


In any proceeding to determine the escheat share of the estate of a decedent whose estate is wholly or partially subject to probate in this state:


No preference shall be given to any person over escheat; and


After diligent search and inquiry appropriate to the circumstances, the following presumptions apply in a proceeding to determine whether a missing person has died:


A missing person whose death cannot be proved by other means lives to 100 years of age.


A missing person who was exposed to a specific peril at the time the person became missing has died if it is reasonable to expect from the nature of the peril that proof of death would be impractical.


A missing person whose absence is unexplained has died if the character and habits of the person are inconsistent with a voluntary absence for the time that the person has been missing.


A missing person known to have been alive who has not been seen or heard from for seven years has died if the person has been absent from the person’s usual residence, the absence is unexplained, there are other persons who would have been likely to have heard from the missing person during that period were the missing person alive, and those other persons have not heard from the missing person.


In any proceeding described by subsection (1) of this section, a missing person who is presumed to be dead is also presumed to have had two children in addition to any known descendants of the person unless the presumption of death arises by reason of the application of subsection (1)(b)(B) or (C) of this section. [2003 c.395 §4; 2016 c.42 §5]


Last accessed
Jun. 26, 2021