ORS 114.555
Transfer of interest of decedent in property described in affidavit

(1)

Intentionally left blank —Ed.

(a)

If a petition to appoint a personal representative is not filed within four months after the filing of a small estate affidavit, then after the completion of the four-month period described in ORS 114.540 (Procedure for claims), after all unsecured creditors of the estate have been paid to the extent of the property of the estate and before the completion of the two-year period established in ORS 114.550 (Summary review of administration of estate), the affiant shall transfer the interest of the decedent in remaining property or proceeds of property described in the affidavit to the person or persons shown by the affidavit to be entitled to the property, and any other claims against the property are barred, except:

(A)

As otherwise provided in this section and ORS 114.540 (Procedure for claims), 114.542 (Summary determination), 114.545 (Affiant as fiduciary) and 114.550 (Summary review of administration of estate); and

(B)

For the purposes of a surviving spouse’s claim for an elective share in the manner provided by ORS 114.600 (Elective share generally) to 114.725 (Effect of separation).

(b)

Notwithstanding paragraph (a) of this subsection, if a petition for summary review has been filed under ORS 114.550 (Summary review of administration of estate), the affiant may not transfer the interest of the decedent in the property described in the affidavit until after all claims allowed in the summary review proceeding are paid to the extent of the property of the estate.

(2)

Property conveyed by an affiant under this section is subject to liens and encumbrances against the decedent or the estate of the decedent. Property conveyed by an affiant under this section is subject to the rights of creditors of the decedent or the estate of the decedent until the expiration of the two-year period established in ORS 114.550 (Summary review of administration of estate).

(3)

When the affiant transfers an interest in real property under this section, the affiant shall cause to be recorded in the deed records of the county in which the real property is situated a bargain and sale deed conveying the property to the person entitled to the property, executed in the manner required by ORS chapter 93.

(4)

When the affiant transfers an interest in a manufactured structure as defined in ORS 446.561 (Definitions for ORS 446.566 to 446.646) belonging to a decedent and assessed as personal property under this section, the affiant shall file with the Department of Consumer and Business Services the necessary information for recording the successor’s interest in the manufactured structure on an ownership document. [1973 c.710 §5; 1977 c.239 §4; 1989 c.228 §10; 2009 c.574 §21; 2019 c.165 §19]

Source: Section 114.555 — Transfer of interest of decedent in property described in affidavit, https://www.­oregonlegislature.­gov/bills_laws/ors/ors114.­html.

Notes of Decisions

Interest in estate “is transferred” by operation of law four months after filing affidavit subject to limited listed claims, and probate court lacks jurisdiction to resolve any other claims against estate or order contrary disposition of estate property, even if full probate is subsequently initiated and allowed. Givan v. Dept. of Human Services, 289 Or App 125, 410 P3d 311 (2017)

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

Current through early 2024

§ 114.555’s source at oregon​.gov