ORS 114.215
Devolution of and title to property

  • custody of pets

(1)

Upon the death of a decedent, title to the property of the decedent vests:

(a)

In the absence of testamentary disposition, in the heirs of the decedent, subject to support of spouse and children, rights of creditors, administration and sale by the personal representative or affiant as defined in ORS 114.505 (Definitions for ORS 114.505 to 114.560); or

(b)

In the persons to whom it is devised by the will of the decedent, subject to support of spouse and children, rights of creditors, right of the surviving spouse to elect against the will, administration and sale by the personal representative or affiant as defined in ORS 114.505 (Definitions for ORS 114.505 to 114.560).

(2)

The power of a person to leave property by will, and the rights of creditors, devisees and heirs to the property of the person, are subject to the restrictions and limitations expressed or implicit in ORS chapters 111, 112, 113, 114, 115, 116 and 117 to facilitate the prompt settlement of estates.

(3)

Any animal of a value of less than $2,500 that belonged to the decedent and that was kept by the decedent as a pet need not be listed on the inventory of the estate. Any family member of the decedent, friend of the decedent or animal shelter may take custody of the animal immediately upon the death of the decedent. A family member, friend or animal shelter that takes custody of an animal under this subsection is entitled to payment from the estate for the cost of caring for the animal. A family member, friend or animal shelter that takes custody of an animal under this subsection shall deliver the animal to the personal representative for the decedent, or to any heir or devisee entitled to possession of the animal, upon request of the personal representative, heir or devisee. [1969 c.591 §120; 1999 c.675 §1; 2019 c.165 §21]

Source: Section 114.215 — Devolution of and title to property; custody of pets, https://www.­oregonlegislature.­gov/bills_laws/ors/ors114.­html.

114.005
Occupancy of principal dwelling of decedent by spouse and children
114.015
Support of spouse and children
114.025
Petition for support and answer
114.035
Temporary support
114.045
Modification or termination of support
114.055
Nature of support
114.065
Limitations on support
114.075
Priority of support
114.085
Setting apart whole estate for support
114.205
No distinction between real and personal property
114.215
Devolution of and title to property
114.225
Possession and control of decedent’s estate
114.255
Commencement of duties and powers of personal representative
114.265
General duties of personal representative
114.275
Personal representative to proceed without court order
114.285
Naming or appointment of personal representative does not discharge claim
114.295
Discharge or devise in will of claim of testator
114.305
Transactions authorized for personal representative
114.315
Right to perfect lien or security interest
114.325
Power to sell, mortgage, lease and deal with property
114.333
Transfer of title and interest to real property by foreign personal representative
114.335
Court order for sale, mortgage or lease
114.345
Title conveyed free of claims of creditors
114.355
Sale or encumbrance to personal representative voidable
114.365
Validation of certain sales
114.375
Nonliability of transfer agents
114.385
Persons dealing with personal representative
114.395
Improper exercise of power
114.405
Personal liability of personal representative
114.415
Copersonal representatives
114.425
Discovery of property, writings and information
114.435
Power to avoid transfers
114.441
Definitions for ORS 114.441 to 114.462
114.444
Application
114.447
Court approval of settlement of personal injury claim or wrongful death claim
114.450
Deferral of requirements
114.453
Petition for appointment of personal representative
114.456
Information to beneficiaries and Department of Human Services and Oregon Health Authority
114.459
Waiver of requirements
114.462
Motion to close estate
114.505
Definitions for ORS 114.505 to 114.560
114.510
Value limitations for small estate
114.515
Small estate affidavit
114.517
Approval of attorneys filing affidavits for recipients of Medicaid or other public assistance
114.520
Authorization from State Treasurer required for filing of affidavit by creditor if decedent dies intestate and without heirs
114.525
Content of affidavit
114.535
Transfer of decedent’s property to affiant
114.537
Safe deposit boxes
114.540
Procedure for claims
114.542
Summary determination
114.545
Affiant as fiduciary
114.547
Sales and transfers to third parties
114.549
Liability of affiant
114.550
Summary review of administration of estate
114.552
Filing fees
114.555
Transfer of interest of decedent in property described in affidavit
114.560
Exclusive remedy
114.600
Elective share generally
114.605
Amount of elective share
114.610
Manner of making election
114.615
Payment of elective share
114.620
Waiver of right to elect and other rights
114.625
Who may exercise right of election
114.630
Augmented estate
114.635
Exclusions from augmented estate
114.650
Decedent’s probate estate
114.660
Decedent’s nonprobate estate
114.665
Decedent’s nonprobate estate
114.675
Surviving spouse’s estate
114.685
Decedent’s probate transfers to surviving spouse
114.690
Decedent’s nonprobate transfers to surviving spouse
114.700
Priority of sources from which elective share payable
114.705
Liability of recipients of decedent’s nonprobate estate
114.710
Protective order
114.720
Proceedings to claim elective share
114.725
Effect of separation
Green check means up to date. Up to date