2005 Oregon Code - Chapter 117 :: Chapter 117 - Estates of Absentees
Chapter 117 — Estates of Absentees
2005 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[Repealed by 1969 c.591 §305]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 may be made by the petitioner by affidavit. [1969 c.591 §204; 1973 c.506 §39; 1991 c.249 §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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