2021 Oregon Revised Statutes
Chapter 114 - Administration of Estates Generally
Section 114.555 - Transfer of interest of decedent in property described in affidavit.


(A) As otherwise provided in this section and ORS 114.540, 114.542, 114.545 and 114.550; and
(B) For the purposes of a surviving spouse’s claim for an elective share in the manner provided by ORS 114.600 to 114.725.
(b) Notwithstanding paragraph (a) of this subsection, if a petition for summary review has been filed under ORS 114.550, the affiant may not transfer the interest of the decedent in the property described in the affidavit until after all claims allowed in the summary review proceeding are paid to the extent of the property of the estate.
(2) Property conveyed by an affiant under this section is subject to liens and encumbrances against the decedent or the estate of the decedent. Property conveyed by an affiant under this section is subject to the rights of creditors of the decedent or the estate of the decedent until the expiration of the two-year period established in ORS 114.550.
(3) When the affiant transfers an interest in real property under this section, the affiant shall cause to be recorded in the deed records of the county in which the real property is situated a bargain and sale deed conveying the property to the person entitled to the property, executed in the manner required by ORS chapter 93.
(4) When the affiant transfers an interest in a manufactured structure as defined in ORS 446.561 belonging to a decedent and assessed as personal property under this section, the affiant shall file with the Department of Consumer and Business Services the necessary information for recording the successor’s interest in the manufactured structure on an ownership document. [1973 c.710 §5; 1977 c.239 §4; 1989 c.228 §10; 2009 c.574 §21; 2019 c.165 §19]

Structure 2021 Oregon Revised Statutes

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 114.456 - Information to beneficiaries and Department of Human Services and Oregon Health Authority.

Section 114.459 - Waiver of requirements.

Section 114.462 - Motion to close estate; objections; judgment; discharge of personal representative.

Section 114.505 - Definitions for ORS 114.505 to 114.560.

Section 114.510 - Value limitations for small estate.

Section 114.515 - Small estate affidavit; who may file; fee; amended affidavit; procedure when value of estate exceeds limitations; acknowledgment by clerk.

Section 114.520 - Authorization from State Treasurer required for filing of affidavit by creditor if decedent dies intestate and without heirs; rules.

Section 114.525 - Content of affidavit; rules.

Section 114.535 - Transfer of decedent’s property to affiant; payment of debt owing to decedent motion to compel transfer or payment.

Section 114.537 - Safe deposit boxes.

Section 114.540 - Procedure for claims.

Section 114.542 - Summary determination.

Section 114.545 - Affiant as fiduciary; duties, functions and powers of affiant; limitation of liability of financial institution.

Section 114.547 - Sales and transfers to third parties.

Section 114.549 - Liability of affiant.

Section 114.550 - Summary review of administration of estate; hearing; order; removal of affiant; surcharge.

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.

Section 114.710 - Protective order.

Section 114.720 - Proceedings to claim elective share.