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Oregon · Through 2025 Edition

ORS 113.238: Requirements and prohibitions related to certain decedents who die intestate and without heirs.

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Where this section sits in the code
  1. 03 - Landlord-Tenant, Domestic Relations, Probate
  2. 12. Probate Law
  3. Chapter 113 — Initiation of Estate Proceedings

(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.

Collected 2026-09-03T23:50:11Z. Source file · JSON

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