Oregon § 113.238 Requirements and prohibitions related to certain decedents who die intestate and without heirs

Oregon Statutes

§ 113.238 — Requirements and prohibitions related to certain decedents who die intestate and without heirs

Oregon § 113.238

Vol.3

Title 12Probate Law

Ch. 113Initiation of Estate Proceedings

This text of Oregon § 113.238 (Requirements and prohibitions related to certain decedents who die intestate and without heirs) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 113.238 (2026).

Text

(1)A person who has knowledge that a decedent died wholly intestate, that the decedent owned property subject to probate in Oregon and that the decedent died without a known heir shall give notice of the death within 48 hours after acquiring that knowledge to the State Treasurer.

(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 authorize

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(1) A person who has knowledge that a decedent died wholly intestate, that the decedent owned property subject to probate in Oregon and that the decedent died without a known heir shall give notice of the death within 48 hours after acquiring that knowledge to the State Treasurer.
(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 simple estate affidavit under ORS 114.515.
(3) For purposes of this section, a known heir is an heir who has been identified and found.