2007 Oregon Code - Chapter 117 :: Chapter 117 - Estates of Absentees
Chapter 117 —
Estates of Absentees
2007 EDITION
ESTATES OF ABSENTEES
PROBATE LAW
117.005Â Â Â Â Petition
for administration of estate of absentee
117.015Â Â Â Â Setting
date of hearing on petition; notice of hearing
117.025Â Â Â Â Appointment
of person to represent absentee; directing search
117.035Â Â Â Â Hearing
on petition
117.045Â Â Â Â Effect
of finding of death
117.055Â Â Â Â Procedure
for administering estate
117.065Â Â Â Â Revocation
of letters; proceedings upon revocation
117.075Â Â Â Â Rights
of absentee
117.085Â Â Â Â Substitution
of parties
117.095Â Â Â Â Costs,
expenses and charges
     117.005
Petition for administration of estate of absentee. Administration may be had upon the estate of
an absentee. A petition for administration shall state, in addition to the
information required by ORS 113.035:
     (1) Whether the absentee, when last heard
from, was a resident or nonresident of this 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, the whereabouts of the absentee is and
has been unknown for a period stated of not less than one year, and that the
petitioner has reason to believe and believes the absentee is dead;
     (b) That the death of the absentee at the
time, location and in the circumstances stated in the petition is probable, and
that the fact of death is in doubt solely by reason of the failure to find or
identify the remains of the absentee; or
     (c) That there is a presumption that the
absentee is dead under the provisions of ORS 176.740. [1969 c.591 §203; 2003
c.560 §2]
     117.010 [Repealed by 1969 c.591 §305]
     117.015
Setting date of hearing on petition; notice of hearing. (1) Upon the filing of a petition under ORS
117.005, the clerk of the court shall set a date for hearing not less than 30
days after the date of filing the petition, unless the court sets an earlier
date. A copy of the notice of the hearing shall be sent:
     (a) To the absentee at the last-known
address of the absentee by registered mail or by 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 by publication or by other means. Proof of
mailing or other notice shall be made by the petitioner and filed in the
proceeding. [1969 c.591 §204; 1973 c.506 §39; 1991 c.249 §15; 2007 c.284 §14]
     Note: Section 15, chapter 284, Oregon Laws 2007,
provides:
     Sec.
15. Section 7 of this 2007
Act [111.218] and the amendments to ORS 111.215, 113.045, 113.145, 113.155,
115.003, 116.093 and 117.015 by sections 8 to 14 of this 2007 Act apply only to
proofs filed in probate court on or after the effective date of this 2007 Act
[January 1, 2008]. [2007 c.284 §15]
     117.020 [Repealed by 1969 c.591 §305]
     117.025
Appointment of person to represent absentee; directing search. The court may appoint some disinterested
person as guardian ad litem to appear for the absentee at the hearing on the
petition. The court may direct the petitioner or the guardian ad litem to make
search for the absentee in any manner the court considers advisable, including
any or all of the following methods:
     (1) By inserting in one or more suitable
publications a notice requesting information from any person having knowledge
of the whereabouts of the absentee.
     (2) By notifying officers of justice and
public welfare agencies in appropriate locations of the disappearance of the
absentee.
     (3) By engaging the services of an
investigation agency. [1969 c.591 §205]
     117.030 [Amended by 1959 c.638 §11; repealed by 1969
c.591 §305]
     117.035
Hearing on petition. Upon
the hearing on the petition the court shall determine whether the absentee has
died and if so, the date of death and whether the absentee died testate or
intestate. Upon finding that the absentee has died, the court shall grant
letters 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]
     117.045
Effect of finding of death.
The finding of the court that the absentee has died is 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]
     117.055
Procedure for administering estate. Upon the entry of the order of the court finding that the absentee has
died and granting letters, administration of the estate of the absentee,
whether testate or intestate, shall proceed as provided for the estates of other
decedents, except as otherwise provided in this chapter. [1969 c.591 §208]
     117.065
Revocation of letters; proceedings upon revocation. Upon proof that the absentee is alive,
letters theretofore granted shall be revoked. Acts of the personal representative
before revocation of letters are as valid as though the letters had not been
revoked, but after revocation the personal representative has no further power
in the capacity of personal representative except as provided in this section.
The personal representative shall pay claims allowed and proved. Within 30 days
after letters are revoked under this section, the personal representative must
file an account of administration for the period of time before revocation of
letters and transfer any property in the possession of the personal
representative to the person for whose estate the personal representative acted
or to the authorized agent of that person. [1969 c.591 §209; 1999 c.592 §3]
     117.075
Rights 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, but only
to the proceeds realized therefrom or so much thereof as may remain in the
possession of the personal representative upon the closing of the estate.
     (2) The absentee, for a period of five
years after distribution of the estate, has a right to recover from the
distributees any of the estate or proceeds of the estate of the absentee that
remain in their possession, but there is no right of recovery from purchasers
of property sold by the distributees. [1969 c.591 §210]
     117.085
Substitution of parties.
After revocation of letters the absentee may be substituted as plaintiff in
actions brought by the personal representative. The absentee may be substituted
as defendant, upon application by the absentee or application by the plaintiff,
in actions brought against the personal representative. [1969 c.591 §211]
     117.095
Costs, expenses and charges.
The costs, expenses and charges attending the granting of letters and their
revocation shall be paid out of the estate of the absentee. If the petition for
administration is not granted, the petitioner shall pay the costs, expenses and
charges. [1969 c.591 §212]
     117.110 [Amended by 1953 c.441 §3; 1955 c.597 §1;
1959 c.652 §21; repealed by 1969 c.591 §305]
     117.120 [Repealed by 1969 c.591 §305]
     117.130 [Repealed by 1969 c.591 §305]
     117.140 [Repealed by 1969 c.591 §305]
     117.150 [Repealed by 1969 c.591 §305]
     117.160 [Repealed by 1969 c.591 §305]
     117.170 [Repealed by 1969 c.591 §305]
     117.180 [Repealed by 1969 c.591 §305]
     117.310 [Repealed by 1969 c.591 §305]
     117.315 [1955 c.183 §2; 1957 c.662 §1; repealed by
1969 c.591 §305]
     117.320 [Repealed by 1969 c.591 §305]
     117.330 [Repealed by 1969 c.591 §305]
     117.340 [Repealed by 1969 c.591 §305]
     117.350 [Amended by 1957 c.363 §1; repealed by 1969
c.591 §305]
     117.360 [Repealed by 1957 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 by 1969 c.591 §305]
     117.380 [Amended by 1959 c.638 §12; repealed by 1969
c.591 §305]
     117.390 [Repealed by 1969 c.591 §305]
     117.510 [Repealed by 1969 c.591 §305]
     117.520 [Repealed by 1969 c.591 §305]
     117.530 [Repealed by 1969 c.591 §305]
     117.540 [Repealed by 1969 c.591 §305]
     117.550 [Repealed by 1969 c.591 §305]
     117.560 [Repealed by 1969 c.591 §305]
     117.610 [Repealed by 1969 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 by 1969 c.591 §305]
     117.630 [Repealed by 1969 c.591 §305]
     117.640 [Repealed by 1969 c.591 §305]
     117.650 [Repealed by 1969 c.591 §305]
     117.660 [Repealed by 1969 c.591 §305]
     117.670 [Repealed by 1969 c.591 §305]
     117.680 [Amended by 1969 c.591 §184; renumbered
116.173]
     117.690 [Repealed by 1969 c.591 §305]
     117.710 [1965 c.345 §1; repealed by 1969 c.591 §305]
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