Intestate Succession and Wills

ORS 112.810
Duties of custodian of will


(1)

Any person having custody of a will:

(a)

Shall deliver the will to the testator upon demand from the testator, unless the person having custody of the will is an attorney and is entitled to retain the will pursuant to ORS 87.430 (Attorney’s possessory lien);

(b)

May at any time deliver the will to the testator;

(c)

Upon demand from the conservator, shall deliver the will to a conservator for the testator;

(d)

Upon demand from the attorney-in-fact, shall deliver the will to an attorney-in-fact acting under a durable power of attorney signed by the testator expressly authorizing the attorney-in-fact to demand custody of the will;

(e)

May deliver the will to any attorney licensed to practice law in Oregon willing to accept delivery of the will if the person does not know or cannot ascertain, upon diligent inquiry, the address of the testator; or

(f)

Shall deliver the will to a court having jurisdiction of the estate of the testator or to a personal representative named in the will within 30 days after the date of receiving information that the testator is dead.

(2)

With respect to a will held in a safe deposit box, compliance with ORS 708A.655 (Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box) or 723.844 (Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box) by the financial institution, trust company, savings association or credit union within which the box is located shall be deemed to be compliance with the requirements of this section. [1989 c.770 §3; 1999 c.506 §3; 2009 c.541 §2]
Note: See note under 112.800 (Definition for ORS 112.800 to 112.830).

Source

Last accessed
Jun. 26, 2021