Protective Proceedings

ORS 125.530
Powers and duties of conservator on death of protected person

If a protected person dies and the conservator has possession of a will of the protected person, the conservator shall either deliver the will to the personal representative named in the will or deliver the will to the court for safekeeping. If the conservator delivers the will to the court for safekeeping, the conservator must inform any personal representative named in the will that the conservator has made that delivery. If it is not possible to inform the named personal representative, the conservator shall inform the beneficiaries named in the will of the delivery. The conservator shall retain and administer the estate for delivery to the personal representative of the decedent or other persons entitled to the estate. [1995 c.664 §60; 1997 c.717 §8]

Notes of Decisions

Under Former Similar Statute (Ors 126.337)

At death of protected person, conservator retains property for delivery to personal representative and upon order of court delivers assets other than assets retained by conservator as being required for payment of estate expenses. Naito v. Naito, 125 Or App 231, 864 P2d 1346 (1993), Sup Ct review denied


Last accessed
Jun. 26, 2021