ORS 112.055: Escheat.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) If, after diligent search and inquiry that is appropriate to the circumstances, taking into account the value of the decedent’s estate, no person takes under ORS 112.025 to 112.045, the net intestate estate escheats to the State of Oregon. (2) If a devisee or a person entitled to take under ORS 112.025 to 112.045 is not identified or found, the share of that person escheats to the State of Oregon, and the share must be delivered to the State Treasurer for deposit into the Unclaimed Property and Estates Fund and subject to claims under ORS 116.253. (3) If a devisee or a person entitled to take under ORS 112.025 to 112.045 is not identified or found: (a) The State Treasurer has the same preference as the missing devisee or person for the purpose of appointment as personal representative under ORS 113.085; (b) Title to property of the decedent that would vest in the missing devisee or person under ORS 114.215 vests in the State Treasurer to hold for the benefit of the Unclaimed Property and Estates Fund and subject to claims under ORS 116.253; and (c) The State Treasurer has all of the rights of the missing devisee or person for the purposes of ORS chapters 111, 112, 113, 114, 115, 116 and 117, including but not limited to the following: (A) The right to any notice the missing devisee or person would have been entitled to receive; (B) The right to contest any will of the decedent under ORS 113.075; and (C) The right to information under ORS 113.145. [1969 c.591 §23; 2003 c.395 §2; 2015 c.387 §5; 2019 c.678 §31; 2021 c.424 §14; 2025 c.463 §3]
This rule cites
- ORS 112.025 — resolved
- 112.045 — resolved
- ORS 116.253 — resolved
- ORS 113.085 — resolved
- ORS 114.215 — resolved
- ORS 113.075 — resolved
- ORS 113.145 — resolved
Cited by
- ORS 98.389: Unclaimed Property and Estates Fund; transfers from fund.
- ORS 112.015: Net intestate estate; effect of exclusion by will.
- ORS 116.205: Delivery of escheated property to State Treasurer.
- ORS 178.050: Duties of State Treasurer.
- ORS 358.420: Status of property loaned to a museum; statute of limitations on recovery.
- OAR 170-130-0000: Purpose
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors112.html