2017 ORS 114.537¹
Safe deposit boxes

(1) If a claiming successor or other person who is eligible to file an affidavit under ORS 114.515 (Value of estate) is aware that the decedent was the sole lessee or the last surviving lessee of a safe deposit box at the time of the decedent’s death, the claiming successor or other person may not file an affidavit under ORS 114.515 (Value of estate) until the person requests an inventory of the box under ORS 708A.655 (Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box), if the lessor of the box is an Oregon operating institution as defined in ORS 706.008 (Additional definitions for Bank Act), or under ORS 723.844 (Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box), if the lessor of the box is a credit union as defined in ORS 723.008 (“Credit union” defined for ORS 723.136 and 723.464 to 723.498). Upon receiving the request, the lessor of the box shall cause an inventory of the contents of the box to be made. The lessor shall retain the original inventory in the box and shall provide a copy of the inventory to the person requesting the inventory. The person requesting the inventory shall take the contents of the box into consideration in determining whether the estate of the decedent is within the limits prescribed by ORS 114.515 (Value of estate) (2). If an affidavit under ORS 114.515 (Value of estate) is filed by the person, the value of the contents of the box shall be stated in the affidavit.

(2) If a person who has filed an affidavit under ORS 114.515 (Value of estate) becomes aware after the filing of the affidavit that the decedent was the sole lessee or the last surviving lessee of a safe deposit box at the time of the decedent’s death, the person shall promptly request an inventory of the box under ORS 708A.655 (Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box), if the lessor of the box is an Oregon operating institution as defined in ORS 706.008 (Additional definitions for Bank Act), or under ORS 723.844 (Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box), if the lessor of the box is a credit union as defined in ORS 723.008 (“Credit union” defined for ORS 723.136 and 723.464 to 723.498). Upon receiving the request, the lessor of the box shall cause an inventory of the contents of the box to be made. The lessor shall retain the original inventory in the box and shall provide a copy of the inventory to the person requesting the inventory. If the estate of the decedent remains within the limits prescribed by ORS 114.515 (Value of estate) (2) after consideration of the value of the contents of the box, the person shall file an amended affidavit under ORS 114.515 (Value of estate). Upon providing the lessor of the box with a certified copy of the amended affidavit, the lessor shall allow the person to take possession of the contents of the box. If the estate of the decedent exceeds the limits prescribed by ORS 114.515 (Value of estate) (2) after consideration of the value of the contents of the box, the person may not file an amended affidavit under ORS 114.515 (Value of estate) and shall file notice with the court that the estate of the decedent is not subject to ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy) and shall serve a copy of the notice on the lessor of the box. The lessor of the box shall thereafter deliver the contents of the box to the personal representative for the decedent, or to such other person as may be provided for under the terms of the lease of the box. [2011 c.422 §2]

Atty. Gen. Opinions

Minimum probate filing fees for “small estates,” (1974) Vol 37, p 212

Law Review Cita­tions

16 WLR 307 (1979); 26 WLR 286 (1990)

1 Legislative Counsel Committee, CHAPTER 114—Administration of Estates Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors114.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 114, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano114.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.