Oregon Statutes 113.238 – Requirements and prohibitions related to certain decedents who die intestate and without heirs
(1) A person who has knowledge that a decedent died wholly intestate, that the decedent owned property subject to probate in Oregon and that the decedent died without a known heir shall give notice of the death within 48 hours after acquiring that knowledge to the State Treasurer.
Terms Used In Oregon Statutes 113.238
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Decedent: A deceased person.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Intestate: Dying without leaving a will.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probate: Proving a will
(2) Except as provided by ORS § 708A.430 and 723.466, a person may not dispose of or diminish any assets of the estate of a decedent who has died wholly intestate, who owned property subject to probate in Oregon and who died without a known heir unless the person has prior written approval of the State Treasurer. The prohibition of this subsection:
(a) Applies to a guardian or conservator for the decedent; and
(b) Does not apply to a personal representative appointed under ORS § 113.085 (4) or to an affiant authorized under ORS § 114.520 to file a simple estate affidavit under ORS § 114.515.
(3) For purposes of this section, a known heir is an heir who has been identified and found. [2003 c.395 § 8; 2009 c.541 § 3; 2017 c.169 § 23; 2019 c.165 § 23; 2019 c.678 § 37; 2023 c.17 § 8]
[Repealed by 1969 c.591 § 305]