Or. Admin. Code § 170-135-0025 - Replacing the Estate Administrator as Personal Representative

(1) A Person claiming to be an Heir of a Decedent whose Property is under the administration of the Treasurer must submit to the Estate Administrator acceptable proof to substantiate kinship to the Decedent.

(2) Acceptable proof under section (1) of this rule includes, but is not limited to:

(a) Certified copies of death and birth certificates;

(b) Genealogical search records;

(c) Obituaries;

(d) Funeral notices;

(e) Baptism records, and

(f) Family Bibles.

(3) The Treasurer may continue to administer the estate until the Estate Administrator determines that evidence submitted is sufficient to prove that the Person is legally entitled to the Decedent's assets. If other heirs are identified but not located, the Treasurer may continue to administer the estate in order to protect the interest of the missing Heirs and the Common School Fund, or if administration of the Estate is substantially complete and the Estate Administrator and the Known Heirs agree that it is in the best interests of the estate for the Treasurer to complete the administration.

(4) If the Treasurer has filed a Probate and an Heir is subsequently identified and found, the Heir must file a substitution of Personal Representative with the Probate Court to assume the responsibility of administering the estate. The Heir must provide a Court certified copy of the order of substitution to the Treasurer.

(5) If the administration is by a Small Estates Affidavit, the Heir must file an amended Small Estates Affidavit with the Court to assume responsibility of administering the estate, which shows that the Heir is taking over control and responsibility of the estate from the Treasurer, and submit a Court certified copy to the Treasurer.

(6) Any person who wishes to petition the court for appointment as a personal representative for the estate of a decedent who died wholly intestate and without known heirs shall submit a written request to the Treasurer. The estate administrator may authorize the appointment of another person to act as personal representative if:

(a) The estate administrator determines the estate is insolvent; or

(b) The estate administrator determines that the appointment is the most cost-effective method to administer the estate and protect the assets of the estate.

(7) The Estate Administrator will turn over the assets, less the Treasurer's administrative costs and attorney fees, to the Claiming Successor or successor Personal Representative, including all bills and claims against the estate.

Notes

Or. Admin. Code § 170-135-0025

OST 2-2021, adopt filed 06/29/2021, effective 7/1/2021

Statutory/Other Authority: ORS 178.050 & ORS 114.520