2021 Oregon Revised Statutes
Chapter 113 - Initiation of Estate Proceedings
Section 113.238 - Requirements and prohibitions related to certain decedents who die intestate and without heirs.


(2) Except as provided by ORS 708A.430 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 the State Treasurer. 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 (4) or to an affiant authorized under ORS 114.520 to file a small estate affidavit under ORS 114.515.
(3) For purposes of this section, a known heir is an heir who has been identified and found. [2003 c.395 §8; 2009 c.541 §3; 2017 c.169 §23; 2019 c.165 §23; 2019 c.678 §37]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 03 - Landlord-Tenant, Domestic Relations, Probate

Chapter 113 - Initiation of Estate Proceedings

Section 113.005 - Special administrators.

Section 113.007 - Exceptions to bond requirement for special administrator.

Section 113.015 - Venue.

Section 113.025 - Proceedings commenced in more than one county.

Section 113.035 - Petition for appointment of personal representative and probate of will.

Section 113.038 - Request for different method of compensation of personal representative.

Section 113.045 - Information of escheat to State Treasurer.

Section 113.055 - Testimony of attesting witnesses to will.

Section 113.065 - Establishing foreign wills.

Section 113.075 - Will contest.

Section 113.085 - Preference in appointing personal representative.

Section 113.087 - Effect of accepting appointment as personal representative; notices to be sent to representative.

Section 113.092 - Convicted felon as nominated personal representative.

Section 113.095 - Persons not qualified to act as personal representatives.

Section 113.105 - Bond for personal representative.

Section 113.125 - Letters testamentary or of administration.

Section 113.145 - Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority.

Section 113.155 - Publication of notice to interested persons.

Section 113.175 - Property discovered after inventory filed.

Section 113.185 - Appraisal.

Section 113.195 - Removal of personal representative.

Section 113.205 - Powers of surviving personal representative.

Section 113.215 - Appointment of successor personal representative.

Section 113.225 - Notice to interested persons by successor personal representative.

Section 113.238 - Requirements and prohibitions related to certain decedents who die intestate and without heirs.

Section 113.242 - Authority of estate administrator.