(1) A petition may be filed in probate proceedings to assert that the intestate share of a parent of a decedent is subject to forfeiture under ORS § 112.047. A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent’s share.

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(2) A petition under this section must be filed not later than:

(a) Four months after the date of delivery or mailing of the information described in ORS § 113.145 if that information was required to be delivered or mailed to the person on whose behalf the petition is filed; or

(b) If the person on whose behalf the petition is filed was not required to be named as an interested person in the petition for appointment of a personal representative:

(A) Four months after the date of publication of notice to interested persons; or

(B) If notice to interested persons was not published, one year after the decedent’s date of death.

(3) The petitioner has the burden of proving the facts alleged in a petition filed under this section by:

(a) If the petitioner is a child or sibling of the decedent, a preponderance of evidence; or

(b) If the petitioner is not a child or sibling of the decedent, clear and convincing evidence. [2005 c.741 § 3; 2019 c.461 § 5; 2023 c.18 § 4]

Section 11, chapter 18, Oregon Laws 2023, provides:

The amendments to statutes by sections 1 to 10 of this 2023 Act apply to probate proceedings commenced on or after the effective date of this 2023 Act [January 1, 2024]. [2023 c.18 § 11]

[Repealed by 1969 c.591 § 305]