Oregon Statutes 114.520 – Authorization from State Treasurer required for filing of affidavit by creditor if decedent dies intestate and without heirs; rules
(1) If a decedent dies intestate and without heirs, a creditor of an estate who is a claiming successor may not file a simple estate affidavit unless the creditor has received written authorization from the State Treasurer. Except as provided by rule adopted by the State Treasurer, the State Treasurer shall consent to the filing of a simple estate affidavit by a creditor only if it appears after investigation that the estate is insolvent.
Terms Used In Oregon Statutes 114.520
- 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.
- Intestate: Dying without leaving a will.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Probate: Proving a will
(2) A creditor of an estate who is subject to subsection (1) of this section may give written notice to the State Treasurer informing the State Treasurer that the creditor intends to file a simple estate affidavit. Upon receiving the notice permitted by this subsection, the State Treasurer shall investigate the assets and liabilities of the estate. Within 30 days after receiving the notice required by this subsection, the State Treasurer shall either:
(a) Give written authorization to the creditor for the filing of a simple estate affidavit by the creditor; or
(b) Inform the creditor that the State Treasurer will file a simple estate affidavit as claiming successor.
(3) If a decedent dies intestate and without heirs, a creditor of an estate who is a claiming successor and who files a simple estate affidavit must notate at the top of the affidavit that the affidavit is being filed by a creditor of the estate. If the affidavit contains the notation required by this subsection, the clerk of the probate court may not accept the affidavit for filing unless there is attached to the affidavit written authorization for the filing of the affidavit by the creditor from the State Treasurer. The written authorization may be a copy of a memorandum of an interagency agreement between the State Treasurer and another state agency. [1997 c.88 § 2; 2003 c.395 § 15; 2019 c.165 § 6; 2019 c.678 § 41a; 2023 c.17 § 11]