OAR 170-130-0015: Petition to Recover Escheat Property

(1) To recover escheat property, the Claimant must file a: (a) Claim for US Savings Bonds under OAR 170-140-0140; or (b) Petition as required under this rule. (2) The petition must be verified by a notary and include: (a) The Claimant’s: (A) Full legal name; (B) Age; and (C) Place of residence, including the street address, city, state and zip code. (b) The Decedent’s name and date of death. For the purposes of this rule, the Decedent’s date of death is presumed to be: (A) The date shown on the Decedent's death certificate; or (B) Any similar record issued by: (i) The jurisdiction where the death occurred; or (ii) An agency of the federal government. (c) The date of a judgement or order escheating the property to the state. (d) A statement that the Petition is being filed within: (A) Ten years of the Decedent’s death; or (B) Eight years of the entry of a judgment or order escheating the property to the state. (e) A statement that the Claimant is lawfully entitled to the property and that the Claimant claims the property as: (A) An Heir; (B) A Devisee; (C) A Distributee; or (D) The Personal Representative of the Estate of an Heir, Devisee, or Distributee. (f) A description of the Property of which the Claimant is asserting a lawful entitlement. (g) Explain the circumstances that when the Property escheated to the state, the Claimant: (A) Had no knowledge or notice thereof; or (B) Was unable to prove entitlement to the Escheat Property and has subsequently acquired new evidence of the entitlement. (h) Immediately above the signature of the person filing the petition and in prominent letters (e.g., bold type), include one of the following declarations under the penalty of perjury in lieu of an affidavit: (A) If the declaration is made within the United States, “I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand that it is made for use as evidence in court and is subject to penalty of perjury.”; or (B) If the declaration is made outside the United States as defined in ORS 194.805(1), “I declare under penalty of perjury under the laws of Oregon that the foregoing is true and correct, and that I am physically outside the geographic boundaries of the United States, Puerto Rico, the United State Virgin Islands, and any territory boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. Executed on the ____ (day) of ____ (month), ____ (year) at ________ (city or other location), ________ (country).” (i) The date the petition was signed and the signature of one of the following: (A) The Claimant; or (B) The Agent of the Claimant. (3) The following documents must be attached to and submitted with a Petition: (a) The Claimant’s current photo identification, or other satisfactory proof of identity. (b) An acknowledged indemnification agreement signed by the Claimant and acceptable to the Treasurer. (c) If the property was paid or delivered to the Treasurer because a Decedent died Intestate with no known Heirs: (A) Certified copies of birth, death, or marriage certificates that establish the familial relationships of the Heirs to the Decedent; and (B) A genealogical chart of the Decedent showing the relationship of all the Decedent’s Heirs. If the chart shows a familial line has lapsed, then the chart must include: (i) Whether Descendants exist and any supporting evidence the line lapsed by death; (ii) Whether Heirs in a line have been identified or found; (iii) The efforts Claimant made to identify or find Heirs; and (iv) All known information on each lapsed line. (4) The Claimant or Agent may attach and submit the following documents with the petition that verify and establish the relationship of the Heirs to the Decedent: (a) Bureau of Census Records; (b) Published obituaries and funeral notices; (c) Wills of deceased family members, which show the relationship of Heirs to each other; (d) Church documents showing birth, death, baptism, or marriages; (e) Applications for Social Security cards, naturalization records, employee pension plans or any records containing the signature an Heir or the Claimant and listing any designated beneficiaries, other family members or parents; (f) Court records and duly authenticated records of proceedings conducted before domestic and foreign courts to show the Heirs of the Decedent and the entitlement of the Claimant to the Escheat Property.