Oregon Statutes - Chapter 113 - Initiation of Estate Proceedings - Section 113.045 - Information of escheat to Department of State Lands.

(1) Upon appointment, a personal representative shall deliver or mail to an estate administrator of the Department of State Lands appointed under ORS 113.235 a copy of the petition filed under ORS 113.035, and a copy of any last will of the decedent, if the personal representative has not identified and found all heirs and devisees of the decedent. The personal representative shall file proof of the delivery or mailing with the court.

(2) If at any time after the appointment of a personal representative it appears that any heir or devisee of the decedent cannot be identified and found, the personal representative shall promptly deliver or mail to an estate administrator of the Department of State Lands appointed under ORS 113.235 a notice indicating that an heir or devisee cannot be identified and found. The personal representative shall file proof of the delivery or mailing with the court.

(3) This section does not affect the requirements of ORS 113.085 (2). [1969 c.591 §84; 2003 c.395 §11; 2007 c.284 §9]

Note: Section 27 (3), chapter 395, Oregon Laws 2003, provides:

Sec. 27. (3) ORS 113.045 (1), as created by the amendments to ORS 113.045 by section 11 of this 2003 Act, applies only to personal representatives appointed on or after the effective date of this 2003 Act [January 1, 2004]. ORS 113.045 (2), as created by the amendments to ORS 113.045 by section 11 of this 2003 Act, applies to all personal representatives, whether appointed before, on or after the effective date of this 2003 Act. [2003 c.395 §27(3)]

Note: Section 15, chapter 284, Oregon Laws 2007, provides:

Sec. 15. Section 7 of this 2007 Act [111.218] and the amendments to ORS 111.215, 113.045, 113.145, 113.155, 115.003, 116.093 and 117.015 by sections 8 to 14 of this 2007 Act apply only to proofs filed in probate court on or after the effective date of this 2007 Act [January 1, 2008]. [2007 c.284 §15]

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Last modified: August 7, 2008