ACCOUNTING, DISTRIBUTION AND CLOSING

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]

Atty. Gen. Opinions

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


Source

Last accessed
Jun. 26, 2021