2015 ORS § 113.238¹

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 an estate administrator of the Department of State Lands appointed under ORS 113.235 (Appointment of estate administrators by Director of Department of State Lands).

(2) Except as provided by ORS 708A.430 (Disposition of deposit on death of depositor) and 723.466 (Disposition of deposit on death of depositor), 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 an estate administrator of the Department of State Lands appointed under ORS 113.235 (Appointment of estate administrators by Director of Department of State Lands). 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 (Preference in appointing personal representative) (3) or to an affiant authorized under ORS 114.520 (Authorization from Department of State Lands required for filing of affidavit by creditor if decedent dies intestate and without heirs) to file an affidavit under ORS 114.515 (Value of estate).

(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]


1 Legislative Counsel Committee, CHAPTER 113—Initiation of Estate Proceedings, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors113.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.