ORS 114.535
Transfer of decedent’s property to affiant

  • payment of debt owing to decedent motion to compel transfer or payment

(1)

The affiant may deliver a certified copy of a small estate affidavit to any person who has possession of personal property belonging to the estate or who was indebted to the decedent. Except as provided in this section, upon receipt of the certified copy, the person shall pay the debt or transfer, deliver, provide access to and allow possession of the personal property to the affiant.

(2)

Subject to ORS 114.537 (Safe deposit boxes), if a certified copy of a small estate affidavit is delivered under subsection (1) of this section to a person that controls access to personal property belonging to the estate of the decedent, including personal property held in a safe deposit box for which the decedent was the sole lessee or the last surviving lessee, the person shall:

(a)

Provide the affiant with access to the decedent’s personal property; and

(b)

Allow the affiant to take possession of the personal property.

(3)

Subject to ORS 114.537 (Safe deposit boxes), if a certified copy of a small estate affidavit is delivered under subsection (1) of this section to a person who owes a debt to the decedent or has received property of the decedent under ORS 446.616 (Transfer of interest in manufactured structure), 708A.430 (Disposition of deposit on death of depositor), 723.466 (Disposition of deposit on death of depositor) or 803.094 (Release or assignment of title interest), or a similar statute providing for the transfer of property of an estate that is not being probated, the person shall pay the debt or transfer, deliver, provide access to or allow possession of the property to the affiant if the person would be required to pay the debt or transfer, deliver, provide access to or allow possession of the property to a personal representative of the estate.

(4)

Any person that pays a debt owing to the decedent or transfers, delivers, provides access to or allows possession of property of a decedent in the manner provided by this section is discharged and released from any liability or responsibility for the debt or property in the same manner and with the same effect as if the debt had been paid or the property had been transferred or delivered to a personal representative of the estate of the decedent.

(5)

The affiant may deliver a certified copy of a small estate affidavit to a transfer agent of any corporate security registered in the name of the decedent. The transfer agent shall change the registered ownership on the books of the corporation to the affiant or the person named in the affidavit entitled to it, as directed by the affiant.

(6)

Intentionally left blank —Ed.

(a)

If a person to whom a certified copy of a small estate affidavit is delivered under this section refuses to pay a debt or deliver, transfer, provide access to or allow possession of personal property as required by this section, the affiant may serve a written demand by certified mail on the person to pay the debt or deliver, transfer, provide access to or allow possession of the personal property. The demand must state that, if the person fails to pay the debt or deliver, transfer, provide access to or allow possession of the personal property, the affiant may file a motion to compel payment of the debt or delivery of, transfer of or access to the personal property.

(b)

If the person fails to pay the debt or deliver, transfer, provide access to or allow possession of the personal property within 30 days after service of a demand under paragraph (a) of this subsection, the affiant may file a motion to compel payment of the debt or delivery of, transfer of or access to the personal property. The court may enter a judgment awarding reasonable attorney fees to the prevailing party if the court finds that the affiant filed the motion without an objectively reasonable basis or the person refused to pay the debt or deliver, transfer, provide access to or allow possession of any personal property without an objectively reasonable basis.

(7)

If a small estate affidavit was signed by the Director of Human Services, the Director of the Oregon Health Authority or an attorney approved under ORS 114.517 (Approval of attorneys filing affidavits for recipients of Medicaid or other public assistance), the Director of Human Services, the Director of the Oregon Health Authority or the attorney may certify a copy of the affidavit for the purposes described in this section.

(8)

Notwithstanding ORS chapters 270, 273 and 274, an estate administrator of the State Treasurer appointed under ORS 113.235 (Appointment of estate administrators by State Treasurer) or the Director of Human Services or Director of the Oregon Health Authority serving as an affiant may deal with property of the estate as an affiant under this section. [1973 c.710 §4; 1979 c.340 §3; 1989 c.228 §4; 1991 c.67 §23; 1997 c.631 §404; 2003 c.196 §2; 2003 c.655 §60; 2009 c.541 §4; 2009 c.595 §80; 2009 c.828 §11; 2011 c.422 §3; 2019 c.165 §8; 2019 c.678 §42]

Source: Section 114.535 — Transfer of decedent’s property to affiant; payment of debt owing to decedent motion to compel transfer or payment, https://www.­oregonlegislature.­gov/bills_laws/ors/ors114.­html.

Law Review Citations

26 WLR 292 (1990)

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