2015 ORS § 114.545¹
Duties of person filing affidavit
- • accounts in financial institutions
- • payment of claims
- • conveyance of real property
- • liability of person to whom property transferred or payment made
(1) The affiant:
(a) Shall take control of the property of the estate coming into the possession of the affiant.
(b) Within 30 days after filing the affidavit shall mail, deliver or cause to be recorded each instrument which the affidavit states will be mailed, delivered or recorded.
(c) May open one or more deposit accounts in a financial institution as defined in ORS 706.008 (Additional definitions for Bank Act) with funds of the decedent, upon which the affiant may withdraw funds by means of checks, drafts or negotiable orders of withdrawal or otherwise for the payment of claims and expenses described in paragraph (d) of this subsection.
(d) From and to the extent of the property of the estate, shall pay or reimburse any person who has paid:
(A) Expenses described in ORS 115.125 (Order of payment of expenses and claims) (1)(b) and (c) and listed in the affidavit;
(B) Claims listed in the affidavit as undisputed;
(C) Allowed claims presented to the affiant within the time permitted by ORS 114.540 (Procedure for claims); and
(D) Claims which the probate court directs the affiant to pay.
(e) Shall pay claims and expenses under paragraph (d) of this subsection in the order of priority prescribed by ORS 115.125 (Order of payment of expenses and claims).
(f) May transfer or sell any vehicle that is part of the estate before the completion of the period established under ORS 114.555 (Effect of failure to appoint personal representative) if the affiant complies with the requirements established by the Department of Transportation for such purposes under ORS 803.094 (Release or assignment of title interest).
(g) May convey any real or personal property that is part of the estate before the completion of the period established under ORS 114.555 (Effect of failure to appoint personal representative), provided that each heir or devisee succeeding to the interest conveyed joins in the conveyance and that any proceeds of sale, net of the reasonable expenses of sale and any debt secured as of the date of the decedents death by a duly perfected lien on the property, shall become a part of the estate subject to ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy). If the property is a manufactured structure as defined in ORS 446.561 (Definitions for ORS 446.566 to 446.646), the affiant must assign interest in the structure as provided in ORS 446.616 (Transfer of interest in manufactured structure). Any conveyance to a purchaser in good faith and for a valuable consideration made by the affiant and the heir or devisee succeeding to the interest conveyed, or made by the heir or devisee succeeding to the interest conveyed after completion of the period established under ORS 114.555 (Effect of failure to appoint personal representative), conveys the interest stated in the conveyance free of any interest of the claiming successors, and the purchaser has no duty with respect to application of the consideration paid for the conveyance.
(2) Notwithstanding any other provision of this section, when an heir or devisee entitled to succeed to a conveyance fails or refuses to join in the conveyance as required by subsection (1)(g) of this section, an affiant approved under ORS 114.517 (Approval of attorneys filing affidavits for recipients of Medicaid or other public assistance) may convey any real or personal property that is part of the estate at any time to a third party for a valuable consideration.
(3) Property conveyed by an affiant under this section is subject to liens and encumbrances against the decedent or the estate of the decedent but is not subject to rights of creditors of the decedent or liens or encumbrances against the heirs or devisees of the decedent. The filing and allowance of a claim in a proceeding under ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy) does not make the claimant a secured creditor.
(4) Any claiming successor to whom payment, delivery or transfer is made under ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy) as a person entitled thereto as disclosed in the affidavit is personally answerable and accountable:
(a) To the extent of the value of the property received, to creditors of the estate to the extent such creditors are entitled to payment under subsection (1) of this section; and
(b) To any personal representative of the estate of the decedent thereafter appointed.
(5) After the expiration of the period established in subsection (1)(b) of this section, the affiant shall cause to be recorded in the deed records of any county in which real property belonging to the decedent is situated an affiant or claiming successors deed conveying the property to persons entitled to the property, executed in the manner required by ORS chapter 93.
(6) For a manufactured structure as defined in ORS 446.561 (Definitions for ORS 446.566 to 446.646) belonging to a decedent and assessed as personal property, the affiant shall file with the Department of Consumer and Business Services the necessary information for recording the successors interest in the manufactured structure on an ownership document.
(7) A financial institution as defined in ORS 706.008 (Additional definitions for Bank Act) that opens one or more deposit accounts for an affiant pursuant to subsection (1)(c) of this section is not liable to any other person for opening the account or accounts or for permitting the affiant to withdraw funds from the account or accounts by means of checks, drafts, negotiable orders of withdrawal or otherwise. The financial institution is not required to ensure that the funds of the decedent that are paid out by the affiant are properly applied. [1973 c.710 §7; 1979 c.340 §4; 1985 c.300 §5; 1989 c.148 §6; 1989 c.228 §5; 1991 c.191 §4; 2003 c.655 §61; 2015 c.146 §1]