ORS 113.238
Requirements and prohibitions related to certain decedents who die intestate and without heirs

(1)

A person who has knowledge that a decedent died wholly intestate, that the decedent owned property subject to probate in Oregon and that the decedent died without a known heir shall give notice of the death within 48 hours after acquiring that knowledge to the State Treasurer.

(2)

Except as provided by ORS 708A.430 (Disposition of deposit on death of depositor) and 723.466 (Disposition of deposit on death of depositor), a person may not dispose of or diminish any assets of the estate of a decedent who has died wholly intestate, who owned property subject to probate in Oregon and who died without a known heir unless the person has prior written approval of the State Treasurer. The prohibition of this subsection:

(a)

Applies to a guardian or conservator for the decedent; and

(b)

Does not apply to a personal representative appointed under ORS 113.085 (Preference in appointing personal representative) (4) or to an affiant authorized under ORS 114.520 (Authorization from State Treasurer required for filing of affidavit by creditor if decedent dies intestate and without heirs) to file a small estate affidavit under ORS 114.515 (Small estate affidavit).

(3)

For purposes of this section, a known heir is an heir who has been identified and found. [2003 c.395 §8; 2009 c.541 §3; 2017 c.169 §23; 2019 c.165 §23; 2019 c.678 §37]

Source: Section 113.238 — Requirements and prohibitions related to certain decedents who die intestate and without heirs, https://www.­oregonlegislature.­gov/bills_laws/ors/ors113.­html.

113.005
Special administrators 113.007
Exceptions to bond requirement for special administrator 113.015
Venue 113.025
Proceedings commenced in more than one county 113.027
Limitation on admission of will to probate 113.035
Petition for appointment of personal representative and probate of will 113.038
Request for different method of compensation of personal representative 113.045
Information of escheat to State Treasurer 113.055
Testimony of attesting witnesses to will 113.065
Establishing foreign wills 113.075
Will contest 113.085
Preference in appointing personal representative 113.086
Approval of attorneys who are eligible to be personal representative for decedent who received Medicaid or other public assistance 113.087
Effect of accepting appointment as personal representative 113.092
Convicted felon as nominated personal representative 113.095
Persons not qualified to act as personal representatives 113.105
Bond for personal representative 113.115
Increasing, reducing or requiring new bond 113.125
Letters testamentary or of administration 113.135
Designation of attorney to be filed 113.145
Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority 113.155
Publication of notice to interested persons 113.165
Filing inventory and evaluation 113.175
Property discovered after inventory filed 113.185
Appraisal 113.195
Removal of personal representative 113.205
Powers of surviving personal representative 113.215
Appointment of successor personal representative 113.225
Notice to interested persons by successor personal representative 113.235
Appointment of estate administrators by State Treasurer 113.238
Requirements and prohibitions related to certain decedents who die intestate and without heirs 113.242
Authority of estate administrator
Green check means up to date. Up to date

Current through early 2024

§ 113.238’s source at oregon​.gov