Current through 2024 Regular Session legislation
Section 113.238 - 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 the State Treasurer.(2) Except as provided by ORS 708A.430 and 723.466, 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 the State Treasurer. 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 (4) or to an affiant authorized under ORS 114.520 to file a simple estate affidavit under ORS 114.515.(3) For purposes of this section, a known heir is an heir who has been identified and found.Amended by 2023 Ch. 17, § 8, eff. 1/1/2024.Amended by 2019 Ch. 678, § 37, eff. 9/29/2019, op. 7/1/2021.Amended by 2019 Ch. 165, § 23, eff. 1/1/2020.Amended by 2017 Ch. 169, § 23, eff. 1/1/2018. 2003 c. 395, § 8; 2009 c. 541, § 3