2011 ORS § 114.545¹
Duties of person filing affidavit
  • 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) 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.

(d) Shall pay claims and expenses under paragraph (c) of this subsection in the order of priority prescribed by ORS 115.125 (Order of payment of expenses and claims).

(e) 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).

(f) 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) 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.

(3) 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 executed in the manner required by ORS chapter 93.

(4) 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. [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]