Chapter 117 — Estates
of Absentees
2011 EDITION
ESTATES OF ABSENTEES
PROBATE LAW
117.005 Petition
for administration of estate of absentee
117.015 Setting
date of hearing on petition; notice of hearing
117.025 Appointment
of person to represent absentee; directing search
117.035 Hearing
on petition
117.045 Effect
of finding of death
117.055 Procedure
for administering estate
117.065 Revocation
of letters; proceedings upon revocation
117.075 Rights
of absentee
117.085 Substitution
of parties
117.095 Costs,
expenses and charges
117.005 Petition for administration of
estate of absentee. 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;
(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
ORS 176.740. [1969 c.591 §203; 2003 c.560 §2]
117.010
[Repealed by 1969 c.591 §305]
117.015 Setting date of hearing on petition;
notice of hearing. (1) Upon the filing of a
petition under ORS 117.005, the clerk of the court shall set a date for hearing
not less than 30 days after the date of filing the petition, unless the court
sets an earlier date. A copy of the notice of the hearing shall be sent:
(a)
To the absentee at the last-known address of the absentee by registered mail or
by certified mail with return receipt.
(b)
By ordinary mail to the devisees and heirs named in the petition.
(2)
The court may order that additional notice of the hearing be given by
publication or by other means. Proof of mailing or other notice shall be made
by the petitioner and filed in the proceeding. [1969 c.591
§204; 1973 c.506 §39; 1991 c.249
§15; 2007 c.284 §14]
117.020
[Repealed by 1969 c.591 §305]
117.025 Appointment of person to represent
absentee; directing search. The court may appoint some
disinterested person as guardian ad litem to appear
for the absentee at the hearing on the petition. The court may direct the
petitioner or the guardian ad litem to make search
for the absentee in any manner the court considers advisable, including any or
all of the following methods:
(1)
By inserting in one or more suitable publications a notice requesting
information from any person having knowledge of the whereabouts of the
absentee.
(2)
By notifying officers of justice and public welfare agencies in appropriate
locations of the disappearance of the absentee.
(3)
By engaging the services of an investigation agency. [1969 c.591
§205]
117.030
[Amended by 1959 c.638 §11; repealed by 1969 c.591 §305]
117.035 Hearing on petition.
Upon the hearing on the petition the court shall determine whether the absentee
has died and if so, the date of death and whether the absentee died testate or
intestate. Upon finding that the absentee has died, the court shall grant
letters accordingly, or, in the absence of that finding, may deny the petition.
An appeal may be taken from the order of the court. [1969 c.591
§206]
117.045 Effect of finding of death.
The finding of the court that the absentee has died is conclusive as to the
estate of the absentee only if:
(1)
Notice of the hearing on the petition was given as required by ORS 117.015; and
(2)
The court finds that diligent search for the absentee was made. [1969 c.591 §207]
117.055 Procedure for administering
estate. Upon the entry of the order of the
court finding that the absentee has died and granting letters, administration
of the estate of the absentee, whether testate or intestate, shall proceed as
provided for the estates of other decedents, except as otherwise provided in
this chapter. [1969 c.591 §208]
117.065 Revocation of letters; proceedings
upon revocation. Upon proof that the absentee is
alive, letters theretofore granted shall be revoked. Acts of the personal
representative before revocation of letters are as valid as though the letters
had not been revoked, but after revocation the personal representative has no
further power in the capacity of personal representative except as provided in
this section. The personal representative shall pay claims allowed and proved.
Within 30 days after letters are revoked under this section, the personal
representative must file an account of administration for the period of time
before revocation of letters and transfer any property in the possession of the
personal representative to the person for whose estate the personal representative
acted or to the authorized agent of that person. [1969 c.591
§209; 1999 c.592 §3]
117.075 Rights of absentee.
(1) If property of the absentee has been sold by the personal representative,
the absentee has no right, title or interest in or to the property sold, but
only to the proceeds realized therefrom or so much thereof as may remain in the
possession of the personal representative upon the closing of the estate.
(2)
The absentee, for a period of five years after distribution of the estate, has
a right to recover from the distributees any of the
estate or proceeds of the estate of the absentee that remain in their
possession, but there is no right of recovery from purchasers of property sold
by the distributees. [1969 c.591
§210]
117.085 Substitution of parties.
After revocation of letters the absentee may be substituted as plaintiff in
actions brought by the personal representative. The absentee may be substituted
as defendant, upon application by the absentee or application by the plaintiff,
in actions brought against the personal representative. [1969 c.591 §211]
117.095 Costs, expenses and charges.
The costs, expenses and charges attending the granting of letters and their
revocation shall be paid out of the estate of the absentee. If the petition for
administration is not granted, the petitioner shall pay the costs, expenses and
charges. [1969 c.591 §212]
117.110
[Amended by 1953 c.441 §3; 1955 c.597
§1; 1959 c.652 §21; repealed by 1969 c.591 §305]
117.120
[Repealed by 1969 c.591 §305]
117.130
[Repealed by 1969 c.591 §305]
117.140
[Repealed by 1969 c.591 §305]
117.150
[Repealed by 1969 c.591 §305]
117.160
[Repealed by 1969 c.591 §305]
117.170
[Repealed by 1969 c.591 §305]
117.180
[Repealed by 1969 c.591 §305]
117.310
[Repealed by 1969 c.591 §305]
117.315 [1955 c.183 §2; 1957 c.662 §1; repealed
by 1969 c.591 §305]
117.320
[Repealed by 1969 c.591 §305]
117.330
[Repealed by 1969 c.591 §305]
117.340
[Repealed by 1969 c.591 §305]
117.350
[Amended by 1957 c.363 §1; repealed by 1969 c.591 §305]
117.360
[Repealed by 1957 c.363 §2 (117.361 enacted in lieu
of 117.360)]
117.361 [1957 c.363 §3 (enacted in lieu of 117.360); repealed by 1969 c.591 §305]
117.370
[Repealed by 1969 c.591 §305]
117.380
[Amended by 1959 c.638 §12; repealed by 1969 c.591 §305]
117.390
[Repealed by 1969 c.591 §305]
117.510
[Repealed by 1969 c.591 §305]
117.520
[Repealed by 1969 c.591 §305]
117.530
[Repealed by 1969 c.591 §305]
117.540
[Repealed by 1969 c.591 §305]
117.550
[Repealed by 1969 c.591 §305]
117.560
[Repealed by 1969 c.591 §305]
117.610
[Repealed by 1969 c.591 §305]
117.612 [1961 c.515 §1; 1965 c.514 §2; repealed
by 1969 c.591 §305]
117.615 [1959 c.62 §1; repealed by 1969 c.591 §305]
117.620
[Repealed by 1969 c.591 §305]
117.630
[Repealed by 1969 c.591 §305]
117.640
[Repealed by 1969 c.591 §305]
117.650
[Repealed by 1969 c.591 §305]
117.660
[Repealed by 1969 c.591 §305]
117.670
[Repealed by 1969 c.591 §305]
117.680
[Amended by 1969 c.591 §184; renumbered 116.173]
117.690
[Repealed by 1969 c.591 §305]
117.710 [1965 c.345 §1; repealed by 1969 c.591 §305]
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