72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
SA to SB 64
LC 1085/SB 64-3
SENATE AMENDMENTS TO
SENATE BILL 64
By COMMITTEE ON JUDICIARY
May 6
On page 1 of the printed bill, line 2, delete '112.045,'.
Delete lines 6 through 24 and delete pages 2 and 3.
On page 4, delete lines 1 through 43 and insert:
' { + NOTE: + } Section 1 was deleted by amendment.
Subsequent sections were not renumbered.
' { + SECTION 2. + } ORS 112.055 is amended to read:
' 112.055. { + (1) + } If no person takes under ORS 112.025 to
112.045, the net intestate estate { - shall escheat - } { +
escheats + } to the State of Oregon.
' { + (2) If a devisee or a person entitled to take under ORS
112.025 to 112.045 is not identified or found, the share of that
person escheats to the State of Oregon.
' (3) If a devisee or a person entitled to take under ORS
112.025 to 112.045 is not identified or found:
' (a) The Division of State Lands has the same preference as
the missing devisee or person for the purpose of appointment as
personal representative under ORS 113.085;
' (b) Title to property of the decedent that would vest in the
missing devisee or person under ORS 114.215 vests in the Division
of State Lands; and
' (c) The Division of State Lands has all of the rights of the
missing devisee or person for the purposes of ORS chapters 111,
112, 113, 114, 115, 116 and 117, including but not limited to the
following:
' (A) The right to contest any will of the decedent under ORS
113.075; and
' (B) The right to information under ORS 113.145. + }
' { + SECTION 3. + } { + Section 4 of this 2003 Act is added
to and made a part of ORS chapter 112. + }
' { + SECTION 4. + } { + (1) In any proceeding to determine
the escheat share of the estate of a decedent whose estate is
wholly or partially subject to probate in this state:
' (a) No preference shall be given to any person over escheat;
and
' (b) After diligent search and inquiry appropriate to the
circumstances, the following presumptions apply in a proceeding
to determine whether a missing person has died:
' (A) A missing person whose death cannot be proved by other
means lives to 100 years of age.
' (B) A missing person who was exposed to a specific peril at
the time the person became missing has died if it is reasonable
to expect from the nature of the peril that proof of death would
be impractical.
' (C) A missing person whose absence is unexplained has died if
the character and habits of the person are inconsistent with a
voluntary absence for the time that the person has been missing.
' (D) A missing person known to have been alive who has not
been seen or heard from for seven years has died if the person
has been absent from the person's usual residence, the absence is
unexplained, there are other persons who would have been likely
to have heard from the missing person during that period were the
missing person alive, and those other persons have not heard from
the missing person.
' (2) In any proceeding described by subsection (1) of this
section, a missing person who is presumed to be dead is also
presumed to have had two children in addition to any known issue
of the person unless the presumption of death arises by reason of
the application of subsection (1)(b)(B) or (C) of this
section. + }
' { + NOTE: + } Section 5 was deleted by amendment.
Subsequent sections were not renumbered.
' { + SECTION 6. + } { + Sections 7, 8 and 9 of this 2003
Act are added to and made a part of ORS chapter 113. + }
' { + SECTION 7. + } { + The Director of the Division of
State Lands shall appoint one or more estate administrators to
act for the Division of State Lands in administration of any
estate in which the Division of State Lands is appointed personal
representative. An estate administrator appointed under this
section is an employee of the Division of State Lands. + }
' { + SECTION 8. + } { + (1) Any 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 an estate administrator
of the Division of State Lands appointed under section 7 of this
2003 Act.
' (2) Except as provided by ORS 708A.430, 722.262 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 an estate
administrator of the Division of State Lands appointed under
section 7 of this 2003 Act. 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 (3) or to an affiant authorized under ORS
114.520 to file an affidavit under ORS 114.515.
' (3) For purposes of this section, a known heir is an heir who
has been identified and found. + }
' { + SECTION 9. + } { + (1) An estate administrator of the
Division of State Lands appointed under section 7 of this 2003
Act may take custody of the property of a decedent who died
owning property subject to probate in Oregon upon the estate
administrator receiving notice that:
' (a) The decedent died wholly intestate and without a known
heir as described in section 8 (3) of this 2003 Act; or
' (b) The decedent left a valid will, but no devisee has been
identified and found.
' (2) For any estate described in subsection (1) of this
section, an estate administrator of the Division of State Lands
appointed under section 7 of this 2003 Act may:
' (a) Incur expenses for the funeral, burial or other
disposition of the remains of the decedent in a manner suitable
to the condition in life of the decedent;
' (b) Incur expenses for the protection of the property of the
estate;
' (c) Incur expenses searching for a will or for heirs or
devisees of the decedent;
' (d) Have access to the property and records of the decedent
other than records that are made confidential or privileged by
statute;
' (e) With proof of the death of the decedent, have access to
all financial records of accounts or safe deposit boxes of the
decedent at banks or other financial institutions; and
' (f) Sell perishable property of the estate.
' (3) The reasonable funeral and administrative expenses of the
Division of State Lands incurred under this section, including a
reasonable attorney fee, shall be paid from the assets of the
estate with the same priority as funeral and administration
expenses under ORS 115.125. + }
' { + SECTION 10. + } ORS 113.035 is amended to read:
' 113.035. Any interested person or executor named in the will
may petition for the appointment of a personal representative and
for the probate of a will. The petition shall include the
following information, so far as known:
' (1) The name, age, domicile, post-office address, date and
place of death, and social security account number or taxpayer
identification number of the decedent.
' (2) Whether the decedent died testate or intestate.
' (3) The facts relied upon to establish venue.
' (4) The name and post-office address of the person nominated
as personal representative and the facts that show the person is
qualified to act.
' (5) The names, relationship to the decedent and post-office
addresses of persons who are or would be the heirs of the
decedent upon the death of the decedent intestate, and the ages
of any who are minors.
' { + (6) A statement that reasonable efforts have been made
to identify and locate all heirs of the decedent. If the
petitioner knows of any actual or possible omissions from the
list of heirs, the petition must include a statement indicating
that there are omissions from the information relating to
heirs. + }
' { - (6) - } { + (7) + } If the decedent died testate, the
names and post-office addresses of the devisees, and the ages of
any who are minors. { + If the will devises property to a person
who did not survive the decedent or who is otherwise not entitled
to receive the devise, the petition must include a statement
explaining why the devise failed. If the petitioner knows of any
actual or possible omissions from the list of devisees, the
petition must include a statement indicating that there are
omissions from the information relating to devisees. + }
' { - (7) - } { + (8) + } The name and post-office address
of any person asserting an interest in the estate, or on whose
behalf an interest has been asserted, based on a contention that:
' (a) The will alleged in the petition to be the will of the
decedent is ineffective in whole or part;
' (b) There exists a will that has not been alleged in the
petition to be the will of the decedent; or
' (c) The decedent agreed, promised or represented that the
decedent would make or revoke a will or devise, or not revoke a
will or devise, or die intestate.
' { - (8) - } { + (9) + } Whether the original of the last
will of the decedent is in the possession of the court or
accompanies the petition. If the original will is not in the
possession of the court or accompanying the petition and an
authenticated copy of the will probated in another jurisdiction
does not accompany the petition, the petition shall also state
the contents of the will and indicate that it is lost, destroyed
or otherwise unavailable and that it was not revoked.
' { - (9) - } { + (10) + } A statement of the extent and
nature of assets of the estate, to enable the court to set the
amount of bond of the personal representative.'.
On page 5, line 7, delete 'or located' and insert 'and found'.
In line 11, delete 'or located' and insert 'and found'.
In line 14, delete 'or' and insert 'and'.
In line 34, after 'without' insert 'known'.
In line 40, delete 'appears to have' and after 'without '
insert 'known'.
On page 7, line 15, after the period insert 'The written
authorization may be a copy of a memorandum of an interagency
agreement between the Division of State Lands and another state
agency.'.
On page 8, line 23, after the period delete the rest of the
line and delete lines 24 through 28 and insert:
' (1) Within 10 years after the death of a decedent whose
estate escheated in whole or in part to the state, or within
eight years after the entry of a decree or order escheating
property of an estate to the state, a claim may be made for the
property escheated, or the proceeds thereof, by or on behalf of a
person not having actual knowledge of the escheat or by or on
behalf of a person who at the time of the escheat was unable to
prove entitlement to the escheated property.'.
Delete lines 43 and 44 and insert:
' (e) That 10 years have not elapsed since the death of the
decedent, or that eight years have not elapsed since the entry of
the decree or order escheating the property to the state; and'.
On page 9, line 3, delete 'the inheritance tax thereon, if
any,' and insert 'any tax on the property'.
After line 9, insert:
' (5) For the purposes of this section, the death of the
decedent is presumed to have occurred on the date shown in the
decedent's death certificate or in any other similar document
issued by the jurisdiction in which the death occurred or issued
by an agency of the federal government.'.
On page 10, line 19, after 'necessary' insert ', in the order
of priority prescribed by ORS 115.125, and to distribute any
remaining moneys to the persons who are entitled to those moneys
by law'.
On page 13, delete lines 1 and 2 and insert 'the deceased out
of the account to the full extent of the account if necessary, in
the order of priority prescribed by ORS 115.125, and to
distribute any remaining moneys to the persons who are entitled
to those moneys by law.'.
On page 15, line 19, after 'necessary' insert ', in the order
of priority prescribed by ORS 115.125, and to distribute any
remaining moneys to the persons who are entitled to those moneys
by law'.
On page 17, line 23, delete '(9)' and insert '(8)'.
In line 37, delete '(9)' and insert '(8)'.
On page 18, line 7, delete '(8) or (9)' and insert '(7) or
(8)'.
Delete lines 18 through 35 and insert:
' { + SECTION 27. + } { + (1) Section 4 of this 2003 Act and
the amendments to ORS 112.055 by section 2 of this 2003 Act apply
to the estates of all decedents, whether the death occurs before,
on or after the effective date of this 2003 Act.
' (2) The amendments to ORS 113.035 by section 10 of this 2003
Act apply only to petitions filed under ORS 113.035 on or after
the effective date of this 2003 Act.
' (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. 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.
' (4) Before January 1, 2005, the amendments to ORS 116.253 by
section 18 of this 2003 Act apply only to the estates of
decedents who die on or after the effective date of this 2003
Act. On and after January 1, 2005, the amendments to ORS 116.253
by section 18 of this 2003 Act apply to the estates of all
decedents, whether the death occurs before, on or after the
effective date of this 2003 Act. + } ' .
----------