Administration of Estates Generally

ORS 114.520
Authorization from Department of State Lands required for filing of affidavit by creditor if decedent dies intestate and without heirs

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(1)

If a decedent dies intestate and without heirs, a creditor of an estate who is a claiming successor may not file a small estate affidavit unless the creditor has received written authorization from the Department of State Lands. Except as provided by rule adopted by the Director of the Department of State Lands, the department shall consent to the filing of a small estate affidavit by a creditor only if it appears after investigation that the estate is insolvent.

(2)

A creditor of an estate who is subject to subsection (1) of this section may give written notice to the Department of State Lands informing the department that the creditor intends to file a small estate affidavit. Upon receiving the notice permitted by this subsection, the department shall investigate the assets and liabilities of the estate. Within 30 days after receiving the notice required by this subsection, the department shall either:

(a)

Give written authorization to the creditor for the filing of a small estate affidavit by the creditor; or

(b)

Inform the creditor that the Department of State Lands will file a small estate affidavit as claiming successor.

(3)

If a decedent dies intestate and without heirs, a creditor of an estate who is a claiming successor and who files a small estate affidavit must notate at the top of the affidavit that the affidavit is being filed by a creditor of the estate. If the affidavit contains the notation required by this subsection, the clerk of the probate court may not accept the affidavit for filing unless there is attached to the affidavit written authorization for the filing of the affidavit by the creditor from the Department of State Lands. The written authorization may be a copy of a memorandum of an interagency agreement between the Department of State Lands and another state agency. [1997 c.88 §2; 2003 c.395 §15; 2019 c.165 §6]
Note: The amendments to 114.520 (Authorization from Department of State Lands required for filing of affidavit by creditor if decedent dies intestate and without heirs) by section 41a, 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.
114.520 (Authorization from Department of State Lands required for filing of affidavit by creditor if decedent dies intestate and without heirs). (1) If a decedent dies intestate and without heirs, a creditor of an estate who is a claiming successor may not file a small estate affidavit unless the creditor has received written authorization from the State Treasurer. Except as provided by rule adopted by the State Treasurer, the State Treasurer shall consent to the filing of a small estate affidavit by a creditor only if it appears after investigation that the estate is insolvent.

(2)

A creditor of an estate who is subject to subsection (1) of this section may give written notice to the State Treasurer informing the State Treasurer that the creditor intends to file a small estate affidavit. Upon receiving the notice permitted by this subsection, the State Treasurer shall investigate the assets and liabilities of the estate. Within 30 days after receiving the notice required by this subsection, the State Treasurer shall either:

(a)

Give written authorization to the creditor for the filing of a small estate affidavit by the creditor; or

(b)

Inform the creditor that the State Treasurer will file a small estate affidavit as claiming successor.

(3)

If a decedent dies intestate and without heirs, a creditor of an estate who is a claiming successor and who files a small estate affidavit must notate at the top of the affidavit that the affidavit is being filed by a creditor of the estate. If the affidavit contains the notation required by this subsection, the clerk of the probate court may not accept the affidavit for filing unless there is attached to the affidavit written authorization for the filing of the affidavit by the creditor from the State Treasurer. The written authorization may be a copy of a memorandum of an interagency agreement between the State Treasurer and another state agency.
§§ 114.505 to 114.560

Notes of Decisions

Small estate statutory scheme has jurisdictional effect such that all claims within it must be resolved within its process and deadlines. Givan v. Dept. of Human Services, 289 Or App 125, 410 P3d 311 (2017)

Atty. Gen. Opinions

Minimum probate filing fees for "small estates," (1974) Vol 37, p 212

Law Review Citations

16 WLR 307 (1979); 26 WLR 286 (1990)


Source

Last accessed
Jun. 26, 2021