ORS Chapter 117

Chapter 117 — Estatesof Absentees

 

2009 EDITION

 

 

ESTATESOF ABSENTEES

 

PROBATELAW

 

117.005     Petitionfor administration of estate of absentee

 

117.015     Settingdate of hearing on petition; notice of hearing

 

117.025     Appointmentof person to represent absentee; directing search

 

117.035     Hearingon petition

 

117.045     Effectof finding of death

 

117.055     Procedurefor administering estate

 

117.065     Revocationof letters; proceedings upon revocation

 

117.075     Rightsof absentee

 

117.085     Substitutionof parties

 

117.095     Costs,expenses and charges

 

      117.005Petition for administration of estate of absentee. Administrationmay be had upon the estate of an absentee. A petition for administration shallstate, in addition to the information required by ORS 113.035:

      (1)Whether the absentee, when last heard from, was a resident or nonresident ofthis 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, thewhereabouts of the absentee is and has been unknown for a period stated of notless than one year, and that the petitioner has reason to believe and believesthe absentee is dead;

      (b)That the death of the absentee at the time, location and in the circumstancesstated in the petition is probable, and that the fact of death is in doubtsolely by reason of the failure to find or identify the remains of theabsentee; or

      (c)That there is a presumption that the absentee is dead under the provisions ofORS 176.740. [1969 c.591 §203; 2003 c.560 §2]

 

      117.010 [Repealed by1969 c.591 §305]

 

      117.015Setting date of hearing on petition; notice of hearing. (1) Upon thefiling of a petition under ORS 117.005, the clerk of the court shall set a datefor hearing not less than 30 days after the date of filing the petition, unlessthe court sets an earlier date. A copy of the notice of the hearing shall besent:

      (a)To the absentee at the last-known address of the absentee by registered mail orby 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 bypublication or by other means. Proof of mailing or other notice shall be madeby 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 by1969 c.591 §305]

 

      117.025Appointment of person to represent absentee; directing search. The court mayappoint some disinterested person as guardian ad litem to appear for theabsentee at the hearing on the petition. The court may direct the petitioner orthe guardian ad litem to make search for the absentee in any manner the courtconsiders advisable, including any or all of the following methods:

      (1)By inserting in one or more suitable publications a notice requestinginformation from any person having knowledge of the whereabouts of theabsentee.

      (2)By notifying officers of justice and public welfare agencies in appropriatelocations of the disappearance of the absentee.

      (3)By engaging the services of an investigation agency. [1969 c.591 §205]

 

      117.030 [Amended by1959 c.638 §11; repealed by 1969 c.591 §305]

 

      117.035Hearing on petition.Upon the hearing on the petition the court shall determine whether the absenteehas died and if so, the date of death and whether the absentee died testate orintestate. Upon finding that the absentee has died, the court shall grantletters 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]

 

      117.045Effect of finding of death. The finding of the court that the absentee has diedis 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]

 

      117.055Procedure for administering estate. Upon the entry of the order of thecourt finding that the absentee has died and granting letters, administrationof the estate of the absentee, whether testate or intestate, shall proceed asprovided for the estates of other decedents, except as otherwise provided inthis chapter. [1969 c.591 §208]

 

      117.065Revocation of letters; proceedings upon revocation. Upon proof thatthe absentee is alive, letters theretofore granted shall be revoked. Acts ofthe personal representative before revocation of letters are as valid as thoughthe letters had not been revoked, but after revocation the personalrepresentative has no further power in the capacity of personal representativeexcept as provided in this section. The personal representative shall payclaims allowed and proved. Within 30 days after letters are revoked under thissection, the personal representative must file an account of administration forthe period of time before revocation of letters and transfer any property inthe possession of the personal representative to the person for whose estatethe personal representative acted or to the authorized agent of that person. [1969c.591 §209; 1999 c.592 §3]

 

      117.075Rights 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, butonly to the proceeds realized therefrom or so much thereof as may remain in thepossession of the personal representative upon the closing of the estate.

      (2)The absentee, for a period of five years after distribution of the estate, hasa right to recover from the distributees any of the estate or proceeds of theestate of the absentee that remain in their possession, but there is no rightof recovery from purchasers of property sold by the distributees. [1969 c.591 §210]

 

      117.085Substitution of parties. After revocation of letters the absentee may besubstituted as plaintiff in actions brought by the personal representative. Theabsentee may be substituted as defendant, upon application by the absentee orapplication by the plaintiff, in actions brought against the personalrepresentative. [1969 c.591 §211]

 

      117.095Costs, expenses and charges. The costs, expenses and chargesattending the granting of letters and their revocation shall be paid out of theestate of the absentee. If the petition for administration is not granted, thepetitioner shall pay the costs, expenses and charges. [1969 c.591 §212]

 

      117.110 [Amended by1953 c.441 §3; 1955 c.597 §1; 1959 c.652 §21; repealed by 1969 c.591 §305]

 

      117.120 [Repealed by1969 c.591 §305]

 

      117.130 [Repealed by1969 c.591 §305]

 

      117.140 [Repealed by1969 c.591 §305]

 

      117.150 [Repealed by1969 c.591 §305]

 

      117.160 [Repealed by1969 c.591 §305]

 

      117.170 [Repealed by1969 c.591 §305]

 

      117.180 [Repealed by1969 c.591 §305]

 

      117.310 [Repealed by1969 c.591 §305]

 

      117.315 [1955 c.183 §2;1957 c.662 §1; repealed by 1969 c.591 §305]

 

      117.320 [Repealed by1969 c.591 §305]

 

      117.330 [Repealed by1969 c.591 §305]

 

      117.340 [Repealed by1969 c.591 §305]

 

      117.350 [Amended by1957 c.363 §1; repealed by 1969 c.591 §305]

 

      117.360 [Repealed by1957 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 by1969 c.591 §305]

 

      117.380 [Amended by1959 c.638 §12; repealed by 1969 c.591 §305]

 

      117.390 [Repealed by1969 c.591 §305]

 

      117.510 [Repealed by1969 c.591 §305]

 

      117.520 [Repealed by1969 c.591 §305]

 

      117.530 [Repealed by1969 c.591 §305]

 

      117.540 [Repealed by1969 c.591 §305]

 

      117.550 [Repealed by1969 c.591 §305]

 

      117.560 [Repealed by1969 c.591 §305]

 

      117.610 [Repealed by1969 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 by1969 c.591 §305]

 

      117.630 [Repealed by1969 c.591 §305]

 

      117.640 [Repealed by1969 c.591 §305]

 

      117.650 [Repealed by1969 c.591 §305]

 

      117.660 [Repealed by1969 c.591 §305]

 

      117.670 [Repealed by1969 c.591 §305]

 

      117.680 [Amended by1969 c.591 §184; renumbered 116.173]

 

      117.690 [Repealed by1969 c.591 §305]

 

      117.710 [1965 c.345 §1;repealed by 1969 c.591 §305]

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