ORS 114.537
Safe deposit boxes


(1)

If a person who is eligible to file a small estate affidavit is aware that the decedent was the sole lessee or the last surviving lessee of a safe deposit box or was the owner of the contents of a safe deposit box at the time of the decedent’s death, the claiming successor or other person may not file a small estate affidavit until the person requests an inventory of the box under ORS 708A.655 (Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box), if the lessor of the box is an Oregon operating institution as defined in ORS 706.008 (Additional definitions for Bank Act), or under ORS 723.844 (Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box), if the lessor of the box is a credit union as defined in ORS 723.008 (“Credit union” defined for ORS 723.136 and 723.464 to 723.498). Upon receiving the request, the lessor of the box shall cause an inventory of the contents of the box to be made. The lessor shall retain the original inventory in the box and shall provide a copy of the inventory to the person requesting the inventory. The person requesting the inventory shall take the contents of the box into consideration in determining whether the estate of the decedent is within the limits prescribed by ORS 114.510 (Value limitations for small estate). If the person files a small estate affidavit, the affidavit must contain a statement of the value of the contents of the box.

(2)

If an affiant becomes aware after the filing of a small estate affidavit that the decedent was the sole lessee or the last surviving lessee of a safe deposit box or was the owner of the contents of a safe deposit box at the time of the decedent’s death, the affiant shall promptly request an inventory of the box under ORS 708A.655 (Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box), if the lessor of the box is an Oregon operating institution as defined in ORS 706.008 (Additional definitions for Bank Act), or under ORS 723.844 (Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box), if the lessor of the box is a credit union as defined in ORS 723.008 (“Credit union” defined for ORS 723.136 and 723.464 to 723.498). Upon receiving the request, the lessor of the box shall cause an inventory of the contents of the box to be made. The lessor shall retain the original inventory in the box and shall provide a copy of the inventory to the affiant. If the estate of the decedent remains within the limits prescribed by ORS 114.510 (Value limitations for small estate) after consideration of the value of the contents of the box, the affiant shall file an amended small estate affidavit under ORS 114.515 (Small estate affidavit) (6). Upon receiving a certified copy of the amended affidavit, the lessor shall allow the affiant to take possession of the contents of the box. If the estate of the decedent exceeds the limits prescribed by ORS 114.510 (Value limitations for small estate) after consideration of the value of the contents of the box, the affiant may not file an amended small estate affidavit and shall file notice with the court that the estate of the decedent is not subject to ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy) and shall serve a copy of the notice on the lessor of the box. The lessor of the box shall deliver the contents of the box to the personal representative for the decedent, or to such other person as may be provided for under the terms of the lease of the box. [2011 c.422 §2; 2019 c.165 §9]
§§ 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
May. 15, 2020