OAR 170-140-0105: Required Attachments to Property Claim Form

The Claimant must provide all the documents or other records required under this rule as attachments to the Property Claim Form or uploaded through the online Unclaimed Property Portal. (1) Original Owner . If the Claimant is the original Owner, the Claimant must provide: (a) The Claimant’s current photo identification or other evidence to prove the identity of the Claimant (e.g., Driver’s license); (b) Proof of current mailing address; and (c) Sufficient evidence to establish the Owner’s legal entitlement to Property. (2) Successor of Original Owner . If the Claimant is a Successor of the original Owner, the Claimant must provide the Claimant’s current photo identification or other evidence to prove the identity of the Claimant (e.g., Driver’s license), proof of current mailing address, and sufficient evidence to establish: (a) The original Owner’s legal entitlement to the claimed Property; and (b) Sufficient evidence to establish the Claimant’s legal entitlement to the claimed Property as a Successor. (3) Heirs . If the Claimant is an heir of a Decedent, the Claimant must provide: (a) When the value of the Property is $1,000.00 or more, but not more than $10,000: (A) an Affidavit in Lieu of Probate: or (B) Evidence of probate or the filing of probate under ORS chapters 111, and 113 – 117. (b) When the value of the Property is more than $10,000.00, evidence of probate or the filing of probate under ORS chapters 111, and 113 – 117. (c) When the funds are Oregon country tax foreclosure surplus: (A) A copy of the former owner’s death certificate; (B) A copy of the former owner’s will, if any; (C) A statement that the estate is not being probated and that a small estate affidavit is not being filed for the estate; (D) The identity of each beneficiary of the claim; (E) The proportion of the surplus distributable to each beneficiary; and (F) Signatures of all beneficiaries of the claim acknowledging their participation in the claim. (G) If there are multiple heirs, an heir who has occupied the property as a primary residence for more than one year is presumed to have authority to receive the surplus on behalf of all heirs, in the absence of a written agreement among heirs or objection by the heir. (H) If there are multiple heirs who occupied the property as a primary residence for more than a year, the heir who occupied the property at the time of foreclosure has priority if the Treasurer receives multiple claims from heirs who occupied the property as their primary residence for more than a year. (4) Creditor . If the Claimant is a creditor of a Property Owner, the Claimant must provide: (a) A valid Writ of Garnishment; and (b) Any other evidence sufficient to establish the Claimant is legally entitled to the claimed Property. (5) Purchaser of a Negotiable Instrument . If a Claimant purchased a negotiable instrument (e.g., cashier’s check, money order, certified check, traveler’s check), from the Owner (i.e., the payee), the Claimant must provide: (a) the Claimant’s current photo identification or other evidence to prove the identity of the Claimant (e.g., Driver’s license); (b) Proof of current mailing address; and (c) The negotiable instrument, lost instrument bond if required by the Treasurer, or evidence of payment satisfying the obligation to the payee. (6) Claim for Securities . If the Claimant is claiming securities, the Claimant must provide: (a) the Claimant’s current photo identification or other evidence to prove the identity of the Claimant (e.g., Driver’s license); (b) Proof of current mailing address; (c) The original security certificate, or lost instrument bond if required by the Treasurer; and (d) The Owner’s social security number as provided by the United States Security and Exchange Commission under 17 CFR § 240.17a-3.