ORS 116.263
Payment of debt and delivery of property to foreign personal representative without local administration


(1)

Three months or more after the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession of personal property or an instrument evidencing a debt, obligation, stock or right to sue belonging to the estate of the nonresident decedent may make payment of the indebtedness, in whole or in part, or deliver the personal property or the instrument evidencing the debt, obligation, stock or right to sue to the foreign personal representative of the nonresident decedent, upon an affidavit made by or on behalf of the foreign personal representative, accompanied by proof of the foreign personal representative’s authority, stating:

(a)

The date of the death of the nonresident decedent;

(b)

That no local administration or application therefor is pending in this state; and

(c)

That the foreign personal representative is entitled to payment or delivery.

(2)

Payment or delivery made in good faith on the basis of the affidavit is a discharge of the debtor or person having possession of the personal property.

(3)

Payment or delivery may not be made under this section if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the foreign personal representative. [1969 c.591 §193; 1987 c.646 §3; 2017 c.169 §39]

Source: Section 116.263 — Payment of debt and delivery of property to foreign personal representative without local administration, https://www.­oregonlegislature.­gov/bills_laws/ors/ors116.­html.

Attorney General Opinions

Necessity of probate if abandoned property is claimed by heirs, (1972) Vol 35, p 1177

116.007
Allocation of income
116.013
Petition and order for partial distribution
116.023
Bond or other security
116.033
Discharge of personal representative
116.043
Petition and order for refund by distributee
116.063
Liability of personal representative
116.073
Nonliability of personal representative
116.083
Accounting by personal representative
116.093
Notice for filing objections to final account and petition for distribution
116.103
Objections to final account and petition
116.113
Judgment of final distribution
116.123
Effect of approval of final account
116.133
Distribution
116.143
Interest on pecuniary devises
116.153
Right of offset and retainer
116.163
Distribution to foreign personal representative
116.173
Compensation of personal representative
116.183
Expenses of personal representative
116.193
Order of escheat
116.203
Disposition of unclaimed assets
116.208
Motion to close estate with no known assets
116.213
Discharge of personal representative
116.223
Recording of deed from personal representative
116.233
Reopening estate of decedent
116.243
Reports by court clerks, county clerks or court administrators to State Treasurer
116.253
Recovery of escheated property
116.263
Payment of debt and delivery of property to foreign personal representative without local administration
116.303
Definitions for ORS 116.303 to 116.383
116.313
Apportionment among interested persons
116.323
Apportionment proceedings
116.333
Withholding of tax
116.343
Allowances for exemptions, deductions and credits
116.353
Income interests
116.363
Proceedings for recovery of tax
116.373
Foreign personal representatives and estates
116.383
Construction
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