Oregon Statutes 114.535 – Transfer of decedents property to affiant; payment of debt owing to decedent; transfer of recorded brand; motion to compel transfer or payment
(1) The affiant may deliver a certified copy of a simple estate affidavit to any person who has possession of personal property belonging to the estate or who was indebted to the decedent. Except as provided in this section, upon receipt of the certified copy, the person shall pay the debt or transfer, deliver, provide access to and allow possession of the personal property to the affiant.
Terms Used In Oregon Statutes 114.535
- 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.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Decedent: A deceased person.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Statute: A law passed by a legislature.
(2) Subject to ORS § 114.537, if a certified copy of a simple estate affidavit is delivered under subsection (1) of this section to a person that controls access to personal property belonging to the estate of the decedent, including personal property held in a safe deposit box for which the decedent was the sole lessee or the last surviving lessee, the person shall:
(a) Provide the affiant with access to the decedent’s personal property; and
(b) Allow the affiant to take possession of the personal property.
(3) Subject to ORS § 114.537, if a certified copy of a simple estate affidavit is delivered under subsection (1) of this section to a person who owes a debt to the decedent or has received property of the decedent under ORS § 446.616, 708A.430, 723.466 or 803.094, or a similar statute providing for the transfer of property of an estate that is not being probated, the person shall pay the debt or transfer, deliver, provide access to or allow possession of the property to the affiant if the person would be required to pay the debt or transfer, deliver, provide access to or allow possession of the property to a personal representative of the estate.
(4) Any person that pays a debt owing to the decedent or transfers, delivers, provides access to or allows possession of property of a decedent in the manner provided by this section is discharged and released from any liability or responsibility for the debt or property in the same manner and with the same effect as if the debt had been paid or the property had been transferred or delivered to a personal representative of the estate of the decedent.
(5) The affiant may deliver a certified copy of a simple estate affidavit to a transfer agent of any corporate security registered in the name of the decedent. The transfer agent shall change the registered ownership on the books of the corporation to the affiant or the person named in the affidavit entitled to it, as directed by the affiant.
(6) If the decedent was a holder of a recorded brand, the affiant may deliver a certified copy of a simple estate affidavit to the State Department of Agriculture. Subject to the requirements under ORS § 604.041, the department shall change the registered ownership of the recorded brand to the affiant or the person named in the affidavit entitled to it, as directed by the affiant.
(7)(a) If a person to whom a certified copy of a simple estate affidavit is delivered under this section refuses to pay a debt or deliver, transfer, provide access to or allow possession of personal property as required by this section, the affiant may serve a written demand by certified mail on the person to pay the debt or deliver, transfer, provide access to or allow possession of the personal property. The demand must state that, if the person fails to pay the debt or deliver, transfer, provide access to or allow possession of the personal property, the affiant may file a motion to compel payment of the debt or delivery of, transfer of or access to the personal property.
(b) If the person fails to pay the debt or deliver, transfer, provide access to or allow possession of the personal property within 30 days after service of a demand under paragraph (a) of this subsection, the affiant may file a motion to compel payment of the debt or delivery of, transfer of or access to the personal property. The court may enter a judgment awarding reasonable attorney fees to the prevailing party if the court finds that the affiant filed the motion without an objectively reasonable basis or the person refused to pay the debt or deliver, transfer, provide access to or allow possession of any personal property without an objectively reasonable basis.
(8) If a simple estate affidavit was signed by the Director of Human Services, the Director of the Oregon Health Authority or an attorney approved under ORS § 114.517, the Director of Human Services, the Director of the Oregon Health Authority or the attorney may certify a copy of the affidavit for the purposes described in this section.
(9) Notwithstanding ORS chapters 270, 273 and 274, an estate administrator of the State Treasurer appointed under ORS § 113.235 or the Director of Human Services or Director of the Oregon Health Authority serving as an affiant may deal with property of the estate as an affiant under this section. [1973 c.710 § 4; 1979 c.340 § 3; 1989 c.228 § 4; 1991 c.67 § 23; 1997 c.631 § 404; 2003 c.196 § 2; 2003 c.655 § 60; 2009 c.541 § 4; 2009 c.595 § 80; 2009 c.828 § 11; 2011 c.422 § 3; 2019 c.165 § 8; 2019 c.678 § 42; 2023 c.17 § 13; 2023 c.408 § 1a]