72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 3330
 
LC 365/HB 3330-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3330
 
                    By COMMITTEE ON JUDICIARY
 
                            April 28
 
  In line 2 of the printed bill, after 'death' insert '; creating
new provisions; and amending ORS 117.005'.
  In line 4, after 'that' insert 'a natural disaster or'.
  In line 5, after 'place' insert a period and delete the rest of
the line and line 6.
  Delete lines 12 through 21 and insert:
  ' (3) In administering the estate of an absentee under ORS
chapter 117, the court may enter an order directing the State
Medical Examiner to issue a death certificate to the personal
representative for the estate.'.
  In line 24, delete 'a judgment' and insert 'an order'.
  In line 25, delete '(5)' and insert '(4)'.
  After line 25, insert:
  '  { +  SECTION 2. + } ORS 117.005 is amended to read:
  ' 117.005. Administration may be had upon the estate of an
absentee. A petition for administration shall state, in addition
to the information required by ORS 113.035:
  ' (1) Whether the absentee, when last heard from, was a
resident or nonresident of this state.
  ' (2) The address of the absentee at the last-known domicile of
the absentee.
  ' (3)(a) That, to the best knowledge of the petitioner and
after diligent search, the whereabouts of the absentee is and has
been unknown for a period stated of not less than one year, and
that the petitioner has reason to believe and believes the
absentee is dead;   { - or - }
  ' (b) That the death of the absentee at the time, location and
in the circumstances stated in the petition is probable, and that
the fact of death is in doubt solely by reason of the failure to
find or identify the remains of the absentee { + ; or
  ' (c) That there is a presumption that the absentee is dead
under the provisions of section 1 of this 2003 Act + }.'.
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