(a) The affiant may transfer or sell any real property if each heir or devisee who would succeed to the interest conveyed joins in the conveyance.
(b) The affiant may transfer or sell any personal property that is specifically devised to an individual devisee with the consent of the individual devisee.
(c) The affiant may transfer or sell any personal property that is not specifically devised to an individual devisee without the consent of any other person.
(2) Notwithstanding subsection (1) of this section, the affiant need not obtain participation or consent of any person if a transfer is required for purposes of abatement under ORS 116.133.
(3) The proceeds of a sale under this section, net of the reasonable expenses of sale and any debt secured as of the date of the decedent’s death by a duly perfected lien on the property, become a part of the estate.
(4) If the affiant transfers or sells any vehicle that is part of the estate under this section, the affiant shall comply with the requirements established by the Department of Transportation for such purposes under ORS 803.094.
(5) If the affiant transfers or sells a manufactured structure as defined in ORS 446.561 under this section, the affiant shall assign the interest in the structure as provided in ORS 446.616.
(6) Any transfer or conveyance under this section to a purchaser in good faith and for a valuable consideration transfers or conveys the interest stated in the transfer or conveyance free of any interest of the claiming successors, and the purchaser has no duty with respect to application of the consideration paid for the transfer or conveyance. [2019 c.165 §15]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 114 - Administration of Estates Generally
Section 114.005 - Occupancy of principal dwelling of decedent by spouse and children.
Section 114.015 - Support of spouse and children.
Section 114.025 - Petition for support and answer.
Section 114.055 - Nature of support.
Section 114.215 - Devolution of and title to property; custody of pets.
Section 114.225 - Possession and control of decedent’s estate.
Section 114.305 - Transactions authorized for personal representative.
Section 114.325 - Power to sell, mortgage, lease and deal with property.
Section 114.355 - Sale or encumbrance to personal representative voidable; exceptions.
Section 114.365 - Validation of certain sales.
Section 114.405 - Personal liability of personal representative.
Section 114.415 - Copersonal representatives; when joint action required.
Section 114.425 - Discovery of property, writings and information.
Section 114.441 - Definitions for ORS 114.441 to 114.462.
Section 114.444 - Application.
Section 114.447 - Court approval of settlement of personal injury claim or wrongful death claim.
Section 114.450 - Deferral of requirements.
Section 114.453 - Petition for appointment of personal representative.
Section 114.459 - Waiver of requirements.
Section 114.505 - Definitions for ORS 114.505 to 114.560.
Section 114.510 - Value limitations for small estate.
Section 114.525 - Content of affidavit; rules.
Section 114.537 - Safe deposit boxes.
Section 114.540 - Procedure for claims.
Section 114.542 - Summary determination.
Section 114.547 - Sales and transfers to third parties.
Section 114.549 - Liability of affiant.
Section 114.552 - Filing fees.
Section 114.555 - Transfer of interest of decedent in property described in affidavit.
Section 114.560 - Exclusive remedy.
Section 114.600 - Elective share generally.
Section 114.605 - Amount of elective share.
Section 114.610 - Manner of making election.
Section 114.620 - Waiver of right to elect and other rights.
Section 114.630 - Augmented estate.
Section 114.635 - Exclusions from augmented estate.
Section 114.665 - Decedent’s nonprobate estate; property owned immediately before death.
Section 114.675 - Surviving spouse’s estate.
Section 114.690 - Decedent’s nonprobate transfers to surviving spouse.
Section 114.700 - Priority of sources from which elective share payable.
Section 114.705 - Liability of recipients of decedent’s nonprobate estate.