72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 64
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Committee on
Judiciary)
CHAPTER ................
AN ACT
Relating to the estates of decedents; creating new provisions;
and amending ORS 112.055, 113.035, 113.045, 113.085, 113.105,
113.145, 114.505, 114.520, 114.525, 116.243, 116.253, 146.125,
708A.430, 708A.655, 722.262, 722.660, 723.466 and 723.844.
Be It Enacted by the People of the State of Oregon:
{ + 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
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(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:
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(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:
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(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.
SECTION 11. ORS 113.045 is amended to read:
113.045. { - If it appears from a petition for the
appointment of a personal representative that there is no known
person to take by descent the net intestate estate, the
petitioner shall deliver or mail to the Director of the Division
of State Lands a copy of the petition, and shall file in the
estate proceeding proof by an affidavit of the delivery or
mailing. - }
{ + (1) Upon appointment, a personal representative shall
deliver or mail to an estate administrator of the Division of
State Lands appointed under section 7 of this 2003 Act 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 an affidavit in the probate
proceeding proving the delivery or mailing.
(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 Division of State Lands appointed under
section 7 of this 2003 Act a notice indicating that an heir or
devisee cannot be identified and found. The personal
representative shall file an affidavit in the probate proceeding
proving the delivery or mailing.
(3) This section does not affect the requirements of ORS
113.085 (2). + }
SECTION 12. ORS 113.085 is amended to read:
113.085. (1) Except as provided in subsection (2) of this
section, upon the filing of the petition, if there is no will or
there is a will and it has been proved, the court shall appoint a
qualified person it finds suitable as personal representative,
giving preference in the following order:
(a) To the executor named in the will.
(b) To the surviving spouse of the decedent or the nominee of
the surviving spouse of the decedent.
(c) To the nearest of kin of the decedent or the nominee of the
nearest of kin of the decedent.
(d) To the Director of Human Services or a designee, if it
appears the decedent received public assistance pursuant to ORS
chapter 411, 412, 413 or 414 and that such assistance is a claim
against the estate.
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(e) To the Director of Veterans' Affairs, if the decedent was a
protected person under ORS 406.050 (7), and the director has
joined in the petition for such appointment.
(f) To any other person.
(2) { + Except as provided in subsection (3) of this
section + } { - If it appears that the decedent died wholly
intestate and without heirs - } , the court shall appoint
{ - the Director of - } the Division of State Lands as personal
representative { + if it appears that the decedent died wholly
intestate and without known heirs + }. The Attorney General shall
represent the { - director - } { + Division of State
Lands + } in the administration of the estate. Any funds received
by the { - director - } { + Division of State Lands + } in
the capacity of personal representative may be deposited in
accounts, separate and distinct from the General Fund,
established with the State Treasurer. Interest earned by such
account shall be credited to that account.
{ + (3) The court may appoint a person other than the
Division of State Lands to administer the estate of a decedent
who died wholly intestate and without known heirs if the person
filing a petition under ORS 113.035 attaches written
authorization from an estate administrator of the Division of
State Lands appointed under section 7 of this 2003 Act approving
the filing of the petition by the person. Except as provided by
rule adopted by the Director of the Division of State Lands, an
estate administrator may consent to the appointment of another
person to act as personal representative only if it appears after
investigation that the estate is insolvent. + }
SECTION 13. ORS 113.105 is amended to read:
113.105. (1) Unless a testator provides in a will that no bond
shall be required of the executor of the estate, or unless the
personal representative is the sole heir or devisee or is the
{ - Director of the - } Division of State Lands, or is the
Director of Human Services or a designee, or is the Director of
Veterans' Affairs, the personal representative shall not act nor
shall letters be issued to the personal representative until the
personal representative files with the clerk of the court a bond.
The bond shall be executed by a surety company authorized to
transact surety business in this state, or by one or more
sufficient personal sureties approved by the court. A personal
surety must be a resident of this state. The court may, in its
discretion, require a bond notwithstanding any provision in a
will that no bond is required. The bond shall be for the security
and benefit of all interested persons and shall be conditioned
upon the personal representative faithfully performing the duties
of the trust.
(2) The amount of the bond set by the court shall be adequate
to protect interested persons, but in no event shall it be less
than $1,000. In setting the amount of the bond the court shall
consider:
(a) The nature, liquidity and apparent value of the assets of
the estate.
(b) The anticipated income during administration.
(c) The probable indebtedness and taxes.
(3) Nothing in this section affects the provisions of ORS
709.240, relating to a trust company acting as personal
representative.
(4) Notwithstanding any other provisions of this section, a
court may, in its discretion, waive the requirement of a bond if
all devisees and heirs known to the court agree in writing that
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the requirement be waived and the signed agreement is filed with
the court at the time of filing of the petition for the
appointment of a personal representative.
SECTION 14. ORS 114.505 is amended to read:
114.505. As used in ORS 114.505 to 114.560:
(1) 'Claiming successors' means:
(a) If the decedent died intestate, the heir or heirs of the
decedent, or if there is no heir, { - the Director of the
Division of State Lands - } { + an estate administrator of the
Division of State Lands appointed under section 7 of this 2003
Act + };
(b) If the decedent died testate, the devisee or devisees of
the decedent; and
(c) Any creditor of the estate entitled to payment or
reimbursement from the estate under ORS 114.545 (1)(c) who has
not been paid or reimbursed the full amount owed such creditor
within 60 days after the date of the decedent's death.
(2) 'Estate' means decedent's property subject to
administration in Oregon.
(3) 'Affiant' means the person or persons signing an affidavit
filed under ORS 114.515.
SECTION 15. ORS 114.520 is amended to read:
114.520. (1) If a decedent dies intestate and without heirs, a
creditor of an estate who is a claiming successor may not file an
affidavit under ORS 114.515 unless the creditor has received
written authorization from { - the Director - } { + an estate
administrator + } of the Division of State Lands { - in the
manner required by this section - } { + appointed under section
7 of this 2003 Act + }. { + Except as provided by rule adopted
by the Director of the Division of State Lands, an estate
administrator shall consent to the filing of an affidavit under
ORS 114.515 by a creditor only if it appears after investigation
that the estate is insolvent. + }
(2) A creditor of an estate who is subject to subsection (1) of
this section { - shall - } { + may + } give written notice to
{ - the Director - } { + an estate administrator + } of the
Division of State Lands informing the { - director - }
{ + estate administrator + } that the creditor intends to file
an affidavit under ORS 114.515. Upon receiving the notice
{ - required - } { + permitted + } by this subsection, the
{ - director - } { + estate administrator + } shall
investigate the assets and liabilities of the estate. Within 30
days after receiving the notice required by this subsection, the
{ - director - } { + estate administrator + } shall either:
(a) Give written authorization to the creditor for the filing
of an affidavit by the creditor under ORS 114.515; or
(b) Inform the creditor that the Division of State Lands will
file an affidavit as claiming successor under ORS 114.515.
(3) If a decedent dies intestate and without heirs, a creditor
of an estate who is a claiming successor and who files an
affidavit under ORS 114.515 must notate at the top of the
affidavit that the affidavit is being filed by a creditor of the
estate. If the affidavit contains the notation required by this
subsection, the clerk of the probate court may not accept the
affidavit for filing unless there is attached to the affidavit
written authorization for the filing of the affidavit
{ - issued - } by the creditor from { - the Director - }
{ + an estate administrator + } of the Division of State Lands.
{ + The written authorization may be a copy of a memorandum of
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an interagency agreement between the Division of State Lands and
another state agency. + }
SECTION 16. 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 { + and the
interest, if any, that will escheat + };
(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 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
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(b) A personal representative of the estate is appointed within
the time allowed under ORS 114.555.
SECTION 17. ORS 116.243 is amended to read:
116.243. A court clerk of any county in which the county court
has judicial functions, the clerk of any county court that has
jurisdiction over probate matters under ORS 111.075 or a court
administrator, upon request, shall furnish to { - the
Director - } { + an estate administrator + } of the Division of
State Lands { + appointed under section 7 of this 2003 Act + }
the titles of estates of decedents that have remained open for
more than three years and in which no heirs, or only persons
whose right to inherit the proceeds thereof is being contested,
have appeared to claim the estate.
SECTION 18. ORS 116.253 is amended to read:
116.253. { - (1) Within 10 years after the entry of a decree
of final distribution designating title to an estate available
for distribution in the Division of State Lands or an order of
escheat 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 decree or order. - }
{ + (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. + }
(2) The claim shall be made by a petition filed with the
Director of the Division of State Lands. The claim is considered
a contested case as provided in ORS 183.310 and there is the
right of judicial review as provided in ORS 183.480. The petition
shall be verified in the same manner as a { - complaint - }
{ + petition in probate + } and shall state:
(a) The age and place of residence of the claimant by whom or
on whose behalf the petition is filed;
(b) That the claimant lawfully is entitled to the property or
proceeds, briefly describing the property or proceeds;
(c) That at the time the property escheated to the state the
claimant had no knowledge or notice thereof { + or was unable to
prove entitlement to the escheated property and has subsequently
acquired new evidence of that entitlement + };
(d) That the claimant claims the property or proceeds as an
heir { + or devisee + } or as the personal representative of the
estate of an heir { + or devisee + }, setting forth the
relationship { + , if any, + } of the { + claimant to the + }
decedent who at the time of death was the owner;
{ - (e) That 10 years have not elapsed since the entry of the
decree or order escheating the property to the state; and - }
{ + (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 + }
(f) If the petition is not filed by the claimant, the status of
the petitioner.
(3) If it is determined that the claimant is entitled to the
property or the proceeds thereof, the Director of the Division of
State Lands shall deliver the property to the petitioner, subject
to and charged with { - the inheritance tax thereon, if
any, - } { + any tax on the property + } and the costs and
expenses of the state in connection therewith.
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(4) If the person whose property escheated or reverted to the
state was at any time an inmate of a state institution in Oregon
for the mentally ill or mentally deficient, the reasonable unpaid
cost, as determined by the Department of Human Services, of the
care and maintenance of the person while a ward of the
institution, regardless of when the cost was incurred, may be
deducted from, or, if necessary, be offset in full against, the
amount of the escheated property.
{ + (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. + }
SECTION 19. ORS 146.125 is amended to read:
146.125. (1) The medical examiner, deputy medical examiner,
district attorney or sheriff may temporarily retain possession of
any property found on the body or in the possession of the
deceased which in the opinion of the medical examiner, deputy
medical examiner, district attorney or sheriff may be useful in
establishing the cause or manner of death or may be used in
further proceedings.
(2) When a medical examiner, deputy medical examiner, district
attorney or sheriff assumes control or custody of money or
personal property found on the body or in the possession of the
deceased, the medical examiner, deputy medical examiner, district
attorney or sheriff shall:
(a) Make a verified inventory of such money or property.
(b) File the inventory in the district medical examiner's
office.
(c) Deposit the money with the county treasurer to the credit
of the county general fund.
(3) If personal property is not retained by the medical
examiner, deputy medical examiner, district attorney or sheriff,
and is not claimed within 30 days, the inventory shall be filed
with the board of county commissioners to be disposed of as
follows:
(a) If the property has value, the board may order it sold and
after deducting the cost of sale, shall deposit the proceeds of
the sale with the county treasurer to the credit of the county
general fund.
(b) If the property has no value in the judgment of the board,
the board may order the sheriff to destroy such property.
(4) Any expenses incurred by the county in transporting or
disposing of the body may be deducted from the money or proceeds
of the sale of personal property before it is delivered to a
claimant.
(5) If it appears that the person whose death required
investigation died wholly intestate and without heirs, the county
whose official has control or custody of the property shall
notify
{ - the Director - } { + an estate administrator + } of the
Division of State Lands { + appointed under section 7 of this
2003 Act + } within 15 days after the death.
(6) If a legally qualified personal representative, spouse, or
next of kin:
(a) Claims the money of the deceased, the treasurer shall,
subject to the provisions of subsection (4) of this section,
deliver such money to the claimant.
(b) Within 30 days, claims the personal property of the
deceased, the property shall be delivered to such claimant
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subject to the provisions of subsections (1) and (5) of this
section.
(7) If money of the deceased is not claimed within seven years
and is presumed abandoned as provided by ORS 98.302 to 98.436 and
98.992, the board of county commissioners shall order the money
paid as required by law.
SECTION 20. ORS 708A.430 is amended to read:
708A.430. (1) On the death of a depositor of a financial
institution, if the deposit is $25,000 or less, the financial
institution may, upon receipt of an affidavit from the person
claiming the deposit as provided in subsection (2) of this
section, pay the moneys on deposit to the credit of the deceased
depositor:
(a) To the surviving spouse;
(b) If there is no surviving spouse, to the Department of Human
Services, on demand of the department within 60 days from the
death of the depositor where there is a preferred claim arising
under ORS 411.795, 412.600, 413.200 or 414.105, or if there is no
claim by the department, to the surviving children 18 years of
age or older;
(c) If the depositor left no surviving spouse, Department of
Human Services claim or surviving children, to the depositor's
surviving parents; or
(d) If there is no surviving spouse, Department of Human
Services claim, surviving child or surviving parent, to the
depositor's surviving brothers and sisters 18 years of age or
older.
(2) The affidavit shall:
(a) State where and when the depositor died;
(b) State that the total deposits of the deceased depositor in
all financial institutions in Oregon do not exceed $25,000;
(c) Show the relationship of the affiant or affiants to the
deceased depositor; and
(d) Embody a promise to pay the expenses of last sickness,
funeral expenses and just debts of the deceased out of the
deposit to the full extent of the deposit 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 + }.
(3) In the event the decedent died intestate without known
heirs, { - the Director - } { + an estate administrator + }
of the Division of State Lands { + appointed under section 7 of
this 2003 Act + } shall be the affiant { + and shall receive the
moneys as escheat property + }.
(4) The financial institution shall determine the relationship
of the affiant to the deceased depositor, however payment of such
moneys in good faith to the affiant or affiants shall discharge
and release the transferor 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.
(5) A probate proceeding is not necessary to establish the
right of the surviving spouse, Department of Human Services
claim, surviving child, surviving parent, surviving brothers and
sisters or { - the Director - } { + an estate
administrator + } of the Division of State Lands to withdraw the
deposits upon the filing of the affidavit. If a personal
representative is appointed in an estate where a withdrawal of
deposits was made under this section, the person withdrawing the
deposits shall account for them to the personal representative.
Enrolled Senate Bill 64 (SB 64-A) Page 10
(6) When a financial institution transfers moneys under
subsection (1) of this section, the transferor may require the
transferee to furnish the transferor a written indemnity
agreement, indemnifying the transferor against loss for moneys
paid to the extent of the amount of the deposit.
(7) This section is subject to the rights of other parties in
the account under ORS 708A.455 to 708A.515.
SECTION 21. ORS 708A.655 is amended to read:
708A.655. (1) This section applies to the safe deposit box of
any person who is the sole lessee or last surviving lessee of the
box and who has died.
(2) Upon being furnished with a certified copy of the
decedent's death certificate or other evidence of death
satisfactory to the Oregon operating institution, the Oregon
operating institution within which the box is located shall cause
or permit the box to be opened and the contents of the box
examined at the request of an individual who furnishes an
affidavit stating:
(a) That the individual believes the box may contain the will
of the decedent, a trust instrument creating a trust of which the
decedent was a trustor or a trustee at the time of the decedent's
death, documents pertaining to the disposition of the remains of
the decedent, documents pertaining to property of the estate of
the decedent or property of the estate of the decedent; and
(b) That the individual is an interested person as defined in
this section and wishes to open the box to conduct a will search
or trust instrument search, obtain documents relating to the
disposition of the decedent's remains or inventory the contents
of the box.
(3) For the purpose of this section, 'interested person ' means
any of the following:
(a) A person named as personal representative of the decedent
in a purported will of the decedent;
(b) The surviving spouse or any heir of the decedent;
(c) A person who was serving as the court-appointed guardian or
conservator of the decedent or as trustee for the decedent
immediately prior to the decedent's death;
(d) A person named as successor trustee in a purported trust
instrument creating a trust of which the decedent was a trustor
or a trustee at the time of the decedent's death;
(e) A person designated by the decedent in a writing that is
acceptable to the Oregon operating institution and is filed with
it prior to the decedent's death;
(f) A person who immediately prior to the death of the decedent
had the right of access to the box as an agent of the decedent
under a durable power of attorney; or
(g) If there are no heirs of the decedent, { - the
Director - } { + an estate administrator + } of the Division of
State Lands { + appointed under section 7 of this 2003 Act + }.
(4) If the box is opened for the purpose of conducting a will
search, the Oregon operating institution shall remove any
document that appears to be a will, make a true and correct copy
of it and deliver the original will to a person designated in the
will to serve as the decedent's personal representative, or if no
such person is designated or the Oregon operating institution
cannot, despite reasonable efforts, determine the whereabouts of
such person, the Oregon operating institution shall retain the
will or deliver it to a court having jurisdiction of the estate
of the decedent. A copy of the will shall be retained in the box.
At the request of the interested person, a copy of the will,
Enrolled Senate Bill 64 (SB 64-A) Page 11
together with copies of any documents pertaining to the
disposition of the remains of the decedent, may be given to the
interested person.
(5) If the box is opened for the purpose of conducting a trust
instrument search, the Oregon operating institution shall remove
any document that appears to be a trust instrument creating a
trust of which the decedent was a trustor or trustee at the time
of the decedent's death, make a true and correct copy of it and
deliver the original trust instrument to a person designated in
the trust instrument to serve as the successor trustee on the
death of the decedent. If no such person is designated or the
Oregon operating institution cannot, despite reasonable efforts,
determine the whereabouts of such person, the Oregon operating
institution shall retain the trust instrument. A copy of the
trust instrument shall be retained in the box. At the request of
any interested person, a copy of the trust instrument may be
given to the interested person.
(6) If the box is opened for the purpose of obtaining documents
pertaining to the disposition of the decedent's remains, the
Oregon operating institution shall comply with subsection (4) of
this section with respect to any will of the decedent found in
the box, and may in its discretion either:
(a) Make and retain in the box a copy of any documents
pertaining to the disposition of the remains of the decedent and
tender the original documents to the interested person; or
(b) Provide a copy of any documents pertaining to the
disposition of the remains of the decedent to the interested
person and retain the original documents in the box.
(7) If the box is opened for the purpose of making an inventory
of its contents, the Oregon operating institution shall comply
with subsection (4) or (5) of this section with respect to any
will or trust instrument of the decedent that is found in the
box, and shall cause the inventory to be made. The inventory
shall be attested to by a representative of the Oregon operating
institution and may be attested to by the interested person, if
the interested person is present when the inventory is made. The
Oregon operating institution shall retain the original inventory
in the box, and shall furnish a copy of the inventory to the
interested person upon request.
(8) The Oregon operating institution may presume the truth of
any statement contained in the affidavit required to be furnished
under this section, and when acting in reliance upon such an
affidavit, the Oregon operating institution is discharged as if
it had dealt with the personal representative of the decedent.
The Oregon operating institution is not responsible for the
adequacy of the description of any property included in an
inventory of the contents of a box, or for the conversion of the
property in connection with actions performed under this section,
except for conversion by intentional acts of the Oregon operating
institution or its employees, directors, officers or agents. If
the Oregon operating institution is not satisfied that the
requirements of this section have been satisfied, the Oregon
operating institution may decline to open the box.
(9) If the interested person does not furnish the key needed to
open the box, and the Oregon operating institution must incur
expense in gaining entry to the box, the Oregon operating
institution may require that the interested person pay the
expense of opening the box.
Enrolled Senate Bill 64 (SB 64-A) Page 12
(10) Any examination of the contents of a box under this
section shall be conducted in the presence of at least one
employee of the Oregon operating institution.
SECTION 22. ORS 722.262 is amended to read:
722.262. (1) On the death of an account holder or a holder of a
demand deposit account, if the savings liability of an
association or federal association on all savings accounts of the
deceased, and the amounts held in all demand deposit accounts of
the deceased, is $25,000 or less, the association or federal
association may, upon receipt of an affidavit from the person
claiming the account, pay the withdrawal value of the accounts of
the deceased holder:
(a) To the surviving spouse;
(b) If there is no surviving spouse, to the surviving children
18 years of age or older;
(c) If there is no surviving spouse or surviving children 18
years of age or older, to the surviving parents; or
(d) If there is no surviving spouse, surviving child 18 years
of age or older or surviving parent, to the surviving brothers
and sisters 18 years of age or older.
(2) If the deceased account holder or holder of a demand
deposit account received public assistance pursuant to ORS
chapter 411, 412, 413 or 414, the Department of Human Services
may claim such withdrawal value by filing an affidavit in the
form prescribed by subsection (3) of this section and the
Department of Human Services shall be preferred to all other
claimants except a surviving spouse.
(3) The affidavit of the person or the Department of Human
Services claiming the account shall:
(a) State where and when the account holder or holder of a
demand deposit account died;
(b) State that the total withdrawal value of all savings and
demand deposit accounts of the deceased holder in all
associations in Oregon, including federal associations, does not
exceed $25,000;
(c) Show the relationship of the affiant or affiants to the
deceased holder; and
(d) Embody a promise to pay the expenses of last sickness,
funeral expenses and just debts of { - the deceased out of the
account to the full extent of the account if necessary and to
distribute any balance to those persons entitled thereto by
law - } { + 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 + }.
(4) In the event the decedent died intestate without known
heirs, { - the Director - } { + an estate administrator + }
of the Division of State Lands { + appointed under section 7 of
this 2003 Act + } shall be the affiant { + and shall receive the
withdrawal value of the accounts as escheat property + }.
(5) A savings association or federal association is under no
obligation to determine the relationship of the affiant to the
deceased. Payment made in good faith to the person or the
Department of Human Services { + or an estate administrator of
the Division of State Lands + } making the affidavit is a full
acquittance and release of the association or federal association
for the amount so paid.
(6) A probate proceeding is not necessary to establish the
right of the surviving spouse, surviving children, surviving
parent or surviving brothers and sisters to withdraw an account
Enrolled Senate Bill 64 (SB 64-A) Page 13
as provided by this section. However, if a personal
representative is appointed in an estate of a deceased person
whose account has been withdrawn under this section, the person
or the Department of Human Services withdrawing the account shall
account for it to the personal representative.
SECTION 23. ORS 722.660 is amended to read:
722.660. (1) This section applies to the safe deposit box of
any person who is the sole lessee or last surviving lessee of the
box and who has died.
(2) Upon being furnished with a certified copy of the
decedent's death certificate or other evidence of death
satisfactory to the savings association, the savings association
within which the box is located shall cause or permit the box to
be opened and the contents of the box examined at the request of
an individual who furnishes an affidavit stating:
(a) That the individual believes the box may contain the will
of the decedent, a trust instrument creating a trust of which the
decedent was a trustor or a trustee at the time of the decedent's
death, documents pertaining to the disposition of the remains of
the decedent, documents pertaining to property of the estate of
the decedent or property of the estate of the decedent; and
(b) That the individual is an interested person as defined in
this section and wishes to open the box to conduct a will search
or trust instrument search, obtain documents relating to the
disposition of the decedent's remains or inventory the contents
of the box.
(3) For the purpose of this section, 'interested person ' means
any of the following:
(a) A person named as personal representative of the decedent
in a purported will of the decedent;
(b) The surviving spouse or any heir of the decedent;
(c) A person who was serving as the court-appointed guardian or
conservator of the decedent or as trustee for the decedent
immediately prior to the decedent's death;
(d) A person named as successor trustee in a purported trust
instrument creating a trust of which the decedent was a trustor
or a trustee at the time of the decedent's death;
(e) A person designated by the decedent in a writing that is
acceptable to the savings association and is filed with it prior
to the decedent's death;
(f) A person who immediately prior to the death of the decedent
had the right of access to the box as an agent of the decedent
under a durable power of attorney; or
(g) If there are no heirs of the decedent, { - the
Director - } { + an estate administrator + } of the Division of
State Lands { + appointed under section 7 of this 2003 Act + }.
(4) If the box is opened for the purpose of conducting a will
search, the savings association shall remove any document that
appears to be a will, make a true and correct copy of it and
deliver the original will to a person designated in the will to
serve as the decedent's personal representative, or if no such
person is designated or the savings association cannot, despite
reasonable efforts, determine the whereabouts of such person, the
savings association shall retain the will or deliver it to a
court having jurisdiction of the estate of the decedent. A copy
of the will shall be retained in the box. At the request of the
interested person, a copy of the will, together with copies of
any documents pertaining to the disposition of the remains of the
decedent, may be given to the interested person.
Enrolled Senate Bill 64 (SB 64-A) Page 14
(5) If the box is opened for the purpose of conducting a trust
instrument search, the savings association shall remove any
document that appears to be a trust instrument creating a trust
of which the decedent was a trustor or trustee at the time of the
decedent's death, make a true and correct copy of it and deliver
the original trust instrument to a person designated in the trust
instrument to serve as the successor trustee on the death of the
decedent. If no such person is designated or the savings
association cannot, despite reasonable efforts, determine the
whereabouts of such person, the savings association shall retain
the trust instrument. A copy of the trust instrument shall be
retained in the box. At the request of any interested person, a
copy of the trust instrument may be given to the interested
person.
(6) If the box is opened for the purpose of obtaining documents
pertaining to the disposition of the decedent's remains, the
savings association shall comply with subsection (4) of this
section with respect to any will of the decedent found in the
box, and may in its discretion either:
(a) Make and retain in the box a copy of any documents
pertaining to the disposition of the remains of the decedent and
tender the original documents to the interested person; or
(b) Provide a copy of any documents pertaining to the
disposition of the remains of the decedent to the interested
person and retain the original documents in the box.
(7) If the box is opened for the purpose of making an inventory
of its contents, the savings association shall comply with
subsection (4) or (5) of this section with respect to any will or
trust instrument of the decedent that is found in the box, and
shall cause the inventory to be made. The inventory shall be
attested to by a representative of the savings association and
may be attested to by the interested person, if the interested
person is present when the inventory is made. The savings
association shall retain the original inventory in the box, and
shall furnish a copy of the inventory to the interested person
upon request.
(8) The savings association may presume the truth of any
statement contained in the affidavit required to be furnished
under this section, and when acting in reliance upon such an
affidavit, the savings association is discharged as if it had
dealt with the personal representative of the decedent. The
savings association is not responsible for the adequacy of the
description of any property included in an inventory of the
contents of a box, or for the conversion of the property in
connection with actions performed under this section, except for
conversion by intentional acts of the savings association or its
employees, directors, officers or agents. If the savings
association is not satisfied that the requirements of this
section have been satisfied, the savings association may decline
to open the box.
(9) If the interested person does not furnish the key needed to
open the box, and the savings association must incur expense in
gaining entry to the box, the savings association may require
that the interested person pay the expense of opening the box.
(10) Any examination of the contents of a box under this
section shall be conducted in the presence of at least one
employee of the savings association.
SECTION 24. ORS 723.466 is amended to read:
723.466. (1) On the death of a member of a credit union, if the
deposit to the credit of the deceased member is $25,000 or less,
Enrolled Senate Bill 64 (SB 64-A) Page 15
the credit union may, upon receipt of an affidavit from the
person claiming the deposit as provided in subsection (2) of this
section, pay the moneys on deposit:
(a) To the surviving spouse;
(b) If there is no surviving spouse, to the Department of Human
Services, on demand of the Department of Human Services within 60
days from the death of the member when there is a preferred claim
arising under ORS 411.795, 412.600, 413.200 or 414.105, or if
there is no claim by the Department of Human Services, to the
surviving children 18 years of age or older;
(c) If there is no surviving spouse, Department of Human
Services claim or surviving children, to the member's surviving
parents; or
(d) If there is no surviving spouse, Department of Human
Services claim, surviving children or surviving parents, to the
member's surviving brothers and sisters 18 years of age or older.
(2) The affidavit shall:
(a) State where and when the member died;
(b) State that the total deposits of the deceased member in all
financial institutions in this state do not exceed $25,000;
(c) Show the relationship of the affiant or affiants to the
deceased member; and
(d) Embody a promise to pay the expenses of last sickness,
funeral expenses and just debts of the deceased out of the
deposit, to the full extent of the deposit 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 + }.
(3) In the event the decedent died intestate without known
heirs, { - the Director - } { + an estate administrator + }
of the Division of State Lands { + appointed under section 7 of
this 2003 Act + } shall be the affiant { + and shall receive the
moneys as escheat property + }.
(4) The credit union shall determine the relationship of the
affiant to the deceased member. However, payment of such moneys
in good faith to the affiant or affiants shall discharge and
release the transferor 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.
(5) A probate proceeding is not necessary to establish the
right of the surviving spouse, Department of Human Services
claim, surviving children, surviving parents, surviving brothers
and sisters or { - the Director - } { + an estate
administrator + } of the Division of State Lands to withdraw the
deposits upon the filing of the affidavit. If a personal
representative is appointed in an estate where a withdrawal of
deposits was made under this section, the person withdrawing the
deposits shall account for them to the personal representative.
(6) When a credit union transfers moneys under subsection (1)
of this section, the transferor may require the transferee to
furnish the transferor with a written indemnity agreement,
indemnifying the transferor against loss for moneys paid to the
extent of the amount of the deposit.
(7) This section is subject to the rights of other parties to
the account under ORS 723.474 to 723.498.
SECTION 25. ORS 723.844 is amended to read:
723.844. (1) This section applies to the safe deposit box of
any person who is the sole lessee or last surviving lessee of the
box and who has died.
Enrolled Senate Bill 64 (SB 64-A) Page 16
(2) Upon being furnished with a certified copy of the
decedent's death certificate or other evidence of death
satisfactory to the credit union, the credit union within which
the box is located shall cause or permit the box to be opened and
the contents of the box examined at the request of an individual
who furnishes an affidavit stating:
(a) That the individual believes the box may contain the will
of the decedent, a trust instrument creating a trust of which the
decedent was a trustor or a trustee at the time of the decedent's
death, documents pertaining to the disposition of the remains of
the decedent, documents pertaining to property of the estate of
the decedent or property of the estate of the decedent; and
(b) That the individual is an interested person as defined in
this section and wishes to open the box to conduct a will search
or trust instrument search, obtain documents relating to the
disposition of the decedent's remains or inventory the contents
of the box.
(3) For the purpose of this section, 'interested person ' means
any of the following:
(a) A person named as personal representative of the decedent
in a purported will of the decedent;
(b) The surviving spouse or any heir of the decedent;
(c) A person who was serving as the court-appointed guardian or
conservator of the decedent or as trustee for the decedent
immediately prior to the decedent's death;
(d) A person named as successor trustee in a purported trust
instrument creating a trust of which the decedent was a trustor
or a trustee at the time of the decedent's death;
(e) A person designated by the decedent in a writing that is
acceptable to the credit union and is filed with it prior to the
decedent's death;
(f) A person who immediately prior to the death of the decedent
had the right of access to the box as an agent of the decedent
under a durable power of attorney; or
(g) If there are no heirs of the decedent, { - the
Director - } { + an estate administrator + } of the Division of
State Lands { + appointed under section 7 of this 2003 Act + }.
(4) If the box is opened for the purpose of conducting a will
search, the credit union shall remove any document that appears
to be a will, make a true and correct copy of it and deliver the
original will to a person designated in the will to serve as the
decedent's personal representative, or if no such person is
designated or the credit union cannot, despite reasonable
efforts, determine the whereabouts of such person, the credit
union shall retain the will or deliver it to a court having
jurisdiction of the estate of the decedent. A copy of the will
shall be retained in the box. At the request of the interested
person, a copy of the will, together with copies of any documents
pertaining to the disposition of the remains of the decedent, may
be given to the interested person.
(5) If the box is opened for the purpose of conducting a trust
instrument search, the credit union shall remove any document
that appears to be a trust instrument creating a trust of which
the decedent was a trustor or trustee at the time of the
decedent's death, make a true and correct copy of it and deliver
the original trust instrument to a person designated in the trust
instrument to serve as the successor trustee on the death of the
decedent. If no such person is designated or the credit union
cannot, despite reasonable efforts, determine the whereabouts of
such person, the credit union shall retain the trust instrument.
Enrolled Senate Bill 64 (SB 64-A) Page 17
A copy of the trust instrument shall be retained in the box. At
the request of any interested person, a copy of the trust
instrument may be given to the interested person.
(6) If the box is opened for the purpose of obtaining documents
pertaining to the disposition of the decedent's remains, the
credit union shall comply with subsection (4) of this section
with respect to any will of the decedent found in the box, and
may in its discretion either:
(a) Make and retain in the box a copy of any documents
pertaining to the disposition of the remains of the decedent and
tender the original documents to the interested person; or
(b) Provide a copy of any documents pertaining to the
disposition of the remains of the decedent to the interested
person and retain the original documents in the box.
(7) If the box is opened for the purpose of making an inventory
of its contents, the credit union shall comply with subsection
(4) or (5) of this section with respect to any will or trust
instrument of the decedent that is found in the box, and shall
cause the inventory to be made. The inventory shall be attested
to by a representative of the credit union and may be attested to
by the interested person, if the interested person is present
when the inventory is made. The credit union shall retain the
original inventory in the box, and shall furnish a copy of the
inventory to the interested person upon request.
(8) The credit union may presume the truth of any statement
contained in the affidavit required to be furnished under this
section, and when acting in reliance upon such an affidavit, the
credit union is discharged as if it had dealt with the personal
representative of the decedent. The credit union is not
responsible for the adequacy of the description of any property
included in an inventory of the contents of a box, or for the
conversion of the property in connection with actions performed
under this section, except for conversion by intentional acts of
the credit union or its employees, directors, officers or agents.
If the credit union is not satisfied that the requirements of
this section have been satisfied, the credit union may decline to
open the box.
(9) If the interested person does not furnish the key needed to
open the box, and the credit union must incur expense in gaining
entry to the box, the credit union may require that the
interested person pay the expense of opening the box.
(10) Any examination of the contents of a box under this
section shall be conducted in the presence of at least one
employee of the credit union.
SECTION 26. ORS 113.145 is amended to read:
113.145. (1) Upon appointment a personal representative shall
deliver or mail to the devisees, heirs and the persons described
in ORS 113.035 { - (7) - } { + (8) + } who were required to
be named in the petition for appointment of a personal
representative, at the addresses therein shown, information that
shall include:
(a) The title of the court in which the estate proceeding is
pending and the clerk's file number;
(b) The name of the decedent and the place and date of the
death of the decedent;
(c) Whether or not a will of the decedent has been admitted to
probate;
(d) The name and address of the personal representative and the
attorney of the personal representative;
(e) The date of the appointment of the personal representative;
Enrolled Senate Bill 64 (SB 64-A) Page 18
(f) A statement advising the devisee, heir or other interested
person that the rights of the devisee, heir or other interested
person may be affected by the proceeding and that additional
information may be obtained from the records of the court, the
personal representative or the attorney for the personal
representative; and
(g) If information under this section is required to be
delivered or mailed to a person described in ORS 113.035
{ - (7) - } { + (8) + }, a statement that the rights of the
person in the estate may be barred unless the person proceeds as
provided in ORS 113.075 within four months of the delivery or
mailing of the information.
(2) If the personal representative is a devisee, heir or other
interested person named in the petition the personal
representative is not required to deliver or mail the information
under this section to the personal representative.
(3) The failure of the personal representative to give
information under this section is a breach of duty to the persons
concerned, but does not affect the validity of appointment,
duties or powers or the exercise of duties or powers.
(4) Within 30 days after the date of appointment a personal
representative shall cause to be filed in the estate proceeding
proof by an affidavit of the delivery or mailing required by this
section or a waiver of notice as provided under ORS 111.225. The
affidavit shall include a copy of the information delivered or
mailed and the names of the persons to whom it was delivered or
mailed.
(5) If before the filing of the final account the personal
representative has actual knowledge that the petition did not
include the name and address of any person described in ORS
113.035 (4), (5), { - (6) or (7) - } { + (7) or (8) + }, the
personal representative shall:
(a) Make reasonable efforts under the circumstances to
ascertain each of those names and addresses;
(b) Promptly deliver or mail information as described in
subsection (1) of this section to each of those persons located
after the filing of the petition and before the filing of the
final account; and
(c) File in the estate proceeding, on or before filing the
final account under ORS 116.083, proof by affidavit of compliance
with this subsection or a waiver of notice as provided under ORS
111.225.
(6) Within 30 days after the appointment of a personal
representative, the personal representative must mail or deliver
the information specified in subsection (1) of this section and a
copy of the death certificate of the decedent to the Estate
Administration Unit within the Department of Human Services.
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
Enrolled Senate Bill 64 (SB 64-A) Page 19
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. + }
----------
Passed by Senate May 9, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 29, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 64 (SB 64-A) Page 20
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 64 (SB 64-A) Page 21