Initiation of Estate Proceedings

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 Department of State Lands.

(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 Department of State Lands. 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 Department of State Lands 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]
Note: The amendments to 113.238 (Requirements and prohibitions related to certain decedents who die intestate and without heirs) by section 37, 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.
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 Department of State Lands 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.

Source

Last accessed
Jun. 26, 2021