72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 415
 
                         House Bill 2150
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Human Services)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Specifies that copy of small estate affidavit must be mailed or
delivered to Estate Administration Unit of Department of Human
Services.
  Clarifies that Director of Human Services or designee of
director may certify copy of small estate affidavit for purposes
of administering estate.
  Allows petition for summary determination in small estate
proceeding to be mailed to probate court. Provides that petition
is considered filed upon date of postmark.
  Allows petition for summary review of administration of small
estate proceeding to be filed within two years after small estate
affidavit is filed instead of two years after death of decedent.
 
                        A BILL FOR AN ACT
Relating to small estate affidavits; creating new provisions; and
  amending ORS 114.525, 114.535, 114.540 and 114.550.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 114.525 is amended to read:
  114.525. An affidavit filed under ORS 114.515 shall:
  (1) State the name, age, domicile, post-office address and
social security number of the decedent;
  (2) State the date and place of the decedent's death. A
certified copy of the death certificate shall be attached to the
affidavit;
  (3) Describe and state the fair market value of all property in
the estate, including a legal description of any real property;
  (4) State that no application or petition for the appointment
of a personal representative has been granted in Oregon;
  (5) State whether the decedent died testate or intestate, and
if the decedent died testate, the will shall be attached to the
affidavit;
  (6) List the heirs of the decedent and the last address of each
heir as known to the affiant, and state that a copy of the
affidavit showing the date of filing and a copy of the will, if
the decedent died testate, will be delivered to each heir or
mailed to the heir at the last-known address;
  (7) If the decedent died testate, list the devisees of the
decedent and the last address of each devisee as known to the
affiant and state that a copy of the will and a copy of the
affidavit showing the date of filing will be delivered to each
devisee or mailed to the devisee at the last-known address;
  (8) State the interest in the property described in the
affidavit to which each heir or devisee is entitled;
  (9) State that reasonable efforts have been made to ascertain
creditors of the estate. List the expenses of and claims against
the estate remaining unpaid or on account of which the affiant or
any other person is entitled to reimbursement from the estate,
including the known or estimated amounts thereof and the names
and addresses of the creditors as known to the affiant, and state
that a copy of the affidavit showing the date of filing will be
delivered to each creditor who has not been paid in full or
mailed to the creditor at the last-known address;
  (10) Separately list the name and address of each person known
to the affiant to assert a claim against the estate that the
affiant disputes and the known or estimated amount thereof and
state that a copy of the affidavit showing the date of filing
will be delivered to each such person or mailed to the person at
the last-known address;
  (11) State that a copy of the affidavit showing the date of
filing will be mailed or delivered to the  { + Estate
Administration Unit of the + } Department of Human Services;
  (12) State that claims against the estate not listed in the
affidavit or in amounts larger than those listed in the affidavit
may be barred unless:
  (a) A claim is presented to the affiant within four months of
the filing of the affidavit at the address stated in the
affidavit for presentment of claims; or
  (b) A personal representative of the estate is appointed within
the time allowed under ORS 114.555; and
  (13) If the affidavit lists one or more claims that the affiant
disputes, state that any such claim may be barred unless:
  (a) A petition for summary determination is filed within four
months of the filing of the affidavit; or
  (b) A personal representative of the estate is appointed within
the time allowed under ORS 114.555.
  SECTION 2. ORS 114.535 is amended to read:
  114.535. (1) Any person indebted to the decedent or having
possession of personal property belonging to the estate, to whom
a certified copy of the affidavit filed under ORS 114.515 is
delivered by the affiant on or after the 10th day following the
filing of the affidavit, shall pay, transfer or deliver the
personal property to the affiant. Any person who has received
property of the decedent under ORS 722.262, 803.094, or any
similar statute providing for the transfer of property of an
estate which is not being probated shall pay, transfer or deliver
the property to the affiant if the person would be required to
pay, transfer or deliver the property to a personal
representative of the estate. The transferor is discharged and
released from any liability or responsibility for the transfer in
the same manner and with the same effect as if the property had
been transferred, delivered or paid to a personal representative
of the estate of the decedent.
  (2) A transfer agent of any corporate security registered in
the name of the decedent shall change the registered ownership on
the books of the corporation to the person entitled thereto on
presentation of a certified copy of the affidavit filed under ORS
114.515.
  (3) If a person to whom an affidavit is delivered refuses to
pay, deliver or transfer any personal property to the affiant or
the person entitled to the property as disclosed in the affidavit
filed under ORS 114.515, the property may be recovered or its
payment, delivery or transfer compelled upon proof of the
transferee's entitlement in a proceeding brought for the purpose
by or on behalf of the transferee.
 
   { +  (4) If the affidavit was signed by the Director of Human
Services or a designee of the director, the director or the
designee may certify a copy of the affidavit for the purposes
described in subsection (1) or (2) of this section. + }
  SECTION 3. ORS 114.540 is amended to read:
  114.540. (1) A claim against an estate with respect to which an
affidavit is filed under ORS 114.515 may be presented to the
affiant within four months after the affidavit was filed. Each
claim presented to the affiant shall include the information
required by ORS 115.025.
  (2) A claim presented to the affiant shall be considered
allowed as presented unless within 60 days after the date of
presentment of the claim the affiant mails or delivers a notice
of disallowance of the claim in whole or in part to the claimant
and any attorney for the claimant. A notice of disallowance of a
claim shall inform the claimant that the claim has been
disallowed in whole or in part and, to the extent disallowed,
will be barred unless:
  (a) The claimant proceeds as provided in subsection (3) of this
section; or
  (b) A personal representative is appointed within the time
allowed under ORS 114.555.
  (3) A creditor of the estate whose claim has been presented
within the time permitted by subsection (1) of this section and
disallowed by the affiant may within 30 days after the date of
mailing or delivery of the notice of disallowance file with the
probate court a petition for summary determination of the claim
by the court. A creditor of the decedent whose claim is listed in
the affidavit as disputed may within four months after the filing
of the affidavit file with the probate court a petition for
summary determination of the creditor's claim by the court. The
court shall hear the matter without a jury, after notice to the
creditor and affiant, and any interested person may be heard in
the proceeding. Upon the hearing the court shall determine the
claim in a summary manner and shall make an order allowing or
disallowing the claim in whole or in part. If the court allows
the claim in whole or in part, the order shall direct the
affiant, to the extent of property of the estate allocable to the
payment of the claim pursuant to ORS 115.125, or any claiming
successor to whom payment, delivery or transfer has been made
under ORS 114.505 to 114.560 as a person entitled thereto as
disclosed in the affidavit, to the extent of the value of the
property received, to pay to the creditor the amount so allowed.
No appeal may be taken from the order of the court made upon the
summary determination.
   { +  (4) For purposes of the time limitation for filing under
subsection (3) of this section, a petition for summary
determination may be mailed to the probate court by United States
mail and is considered filed upon the date of postmark, if mailed
postpaid and correctly addressed. + }
  SECTION 4. ORS 114.550 is amended to read:
  114.550. The affiant or any claiming successor of the estate
who has not been paid the full amount owed such claiming
successor may { + , + } within two years after the   { - death of
the decedent - }  { +  filing of an affidavit under ORS
114.515, + } file with the probate court a petition for summary
review of administration of the estate. A creditor may not file a
petition under this section if the creditor received a copy of an
affidavit filed under ORS 114.515 delivered or mailed to such
creditor within 30 days after the date the affidavit was filed,
the creditor was   { - not - }  shown as   { - an undisputed - }
 { +  a disputed + } creditor in the affidavit, and the creditor
has not filed a petition for summary determination under ORS
114.540. The court shall hear the matter without a jury, after
notice to the claiming successor and the affiant, and any
interested person may be heard in the proceeding. Upon the
hearing the court shall review administration of the estate in a
summary manner and may order the affiant to sell property of the
estate and pay creditors, to pay creditors of the estate from
property of the estate or of the affiant, or to distribute
property of the estate to the claiming successors, or may order
any person who has received property of the estate to pay amounts
owed to claiming successors of the estate in whole or in part.
  SECTION 5.  { + (1) The amendments ORS 114.525 by section 1 of
this 2003 Act apply only to affidavits filed under ORS 114.505 to
114.560 on or after the effective date of this 2003 Act.
  (2) The amendments to ORS 114.540 by section 3 of this 2003 Act
apply only to proceedings under ORS 114.505 to 114.560 commenced
by the filing of an affidavit on or after the effective date of
this 2003 Act.
  (3) The amendments ORS 114.550 by section 4 of this 2003 Act
apply to all affidavits filed under ORS 114.505 to 114.560,
whether filed before, on or after the effective date of this 2003
Act and without regard to when the decedent died. + }
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