2019 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 146 - Investigations of Deaths, Injuries and Missing Persons
Section 146.125 - Disposition of personal property.
(1) The medical examiner, medical-legal death investigator, district attorney or sheriff may temporarily retain possession of any property found on the body or in the possession of the deceased which in the opinion of the medical examiner, medical-legal death investigator, district attorney or sheriff may be useful in establishing the cause or manner of death or may be used in further proceedings.
(2) When a medical examiner, medical-legal death investigator, district attorney or sheriff assumes control or custody of money or personal property found on the body or in the possession of the deceased, the medical examiner, medical-legal death investigator, district attorney or sheriff shall:
(a) Make a verified inventory of such money or property.
(b) File the inventory in the district medical examiner’s office.
(c) Deposit the money with the county treasurer to the credit of the county general fund.
(3) If personal property is not retained by the medical examiner, medical-legal death investigator, district attorney or sheriff, and is not claimed within 30 days, the inventory shall be filed with the board of county commissioners to be disposed of as follows:
(a) If the property has value, the board may order it sold and after deducting the cost of sale, shall deposit the proceeds of the sale with the county treasurer to the credit of the county general fund.
(b) If the property has no value in the judgment of the board, the board may order the sheriff to destroy such property.
(4) Any expenses incurred by the county in transporting or disposing of the body may be deducted from the money or proceeds of the sale of personal property before it is delivered to a claimant.
(5) If it appears that the person whose death required investigation died wholly intestate and without heirs, the county whose official has control or custody of the property shall notify an estate administrator of the Department of State Lands appointed under ORS 113.235 within 15 days after the death.
(6) If a legally qualified personal representative, spouse, or next of kin:
(a) Claims the money of the deceased, the treasurer shall, subject to the provisions of subsection (4) of this section, deliver such money to the claimant.
(b) Within 30 days, claims the personal property of the deceased, the property shall be delivered to such claimant subject to the provisions of subsections (1) and (5) of this section.
(7) If money of the deceased is not claimed within seven years and is presumed abandoned as provided by ORS 98.302 to 98.436 and 98.992, the board of county commissioners shall order the money paid as required by law. [1973 c.408 §20; 1977 c.582 §5; 2003 c.395 §19; 2017 c.151 §19]
Note: The amendments to 146.125 by section 55, chapter 678, Oregon Laws 2019, become operative July 1, 2021. See section 85, chapter 678, Oregon Laws 2019. The text that is operative on and after July 1, 2021, is set forth for the user’s convenience.
(1) The medical examiner, medical-legal death investigator, district attorney or sheriff may temporarily retain possession of any property found on the body or in the possession of the deceased that in the opinion of the medical examiner, medical-legal death investigator, district attorney or sheriff may be useful in establishing the cause or manner of death or may be used in further proceedings.
(2) When a medical examiner, medical-legal death investigator, district attorney or sheriff assumes control or custody of money or personal property found on the body or in the possession of the deceased, the medical examiner, medical-legal death investigator, district attorney or sheriff shall:
(a) Make a verified inventory of such money or property.
(b) File the inventory in the district medical examiner’s office.
(c) Deposit the money with the county treasurer to the credit of the county general fund.
(3) If personal property is not retained by the medical examiner, medical-legal death investigator, district attorney or sheriff, and is not claimed within 30 days, the inventory shall be filed with the board of county commissioners to be disposed of as follows:
(a) If the property has value, the board may order it sold and after deducting the cost of sale, shall deposit the proceeds of the sale with the county treasurer to the credit of the county general fund.
(b) If the property has no value in the judgment of the board, the board may order the sheriff to destroy such property.
(4) Any expenses incurred by the county in transporting or disposing of the body may be deducted from the money or proceeds of the sale of personal property before it is delivered to a claimant.
(5) If it appears that the person whose death required investigation died wholly intestate and without heirs, the county whose official has control or custody of the property shall notify an estate administrator of the State Treasurer appointed under ORS 113.235 within 15 days after the death.
(6) If a legally qualified personal representative, spouse, next of kin or estate administrator of the State Treasurer:
(a) Claims the money of the deceased, the county treasurer shall, subject to the provisions of subsection (4) of this section, deliver such money to the claimant.
(b) Within 30 days, claims the personal property of the deceased, the property shall be delivered to such claimant subject to the provisions of subsections (1) and (5) of this section.
(7) If money of the deceased is not claimed within seven years, the money is presumed abandoned as provided by ORS 98.302 to 98.436 and 98.992 and the board of county commissioners shall order the county treasurer to deliver and report the money to the State Treasurer as required by ORS 98.352.
