ORS 293.490: Payment upon death of person entitled to money from state if estate not in probate.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Except for property described under ORS 98.302 to 98.436, and as otherwise directed by law, upon the death of any person entitled to payment of money in the State Treasury or on deposit with a state agency or officer, if the estate is not to be administered in a court having probate jurisdiction, the State Treasurer or the state agency or officer authorized to disburse the funds may pay or cause to be paid the money due, as provided in subsection (3) of this section. Except as to payment of salary or wages due a deceased state officer or employee from the State of Oregon, no payment under this section shall be made in excess of $10,000. (2) Notwithstanding the provisions of subsection (1) of this section, moneys on deposit with a state agency or officer representing unpaid wages collected on behalf of a person by the Bureau of Labor and Industries shall be payable pursuant to subsection (3) of this section. (3) Payment authorized by subsection (1) of this section shall be made to the following groups of survivors of the decedent, their guardians or the conservators of their estates, in equal shares to all survivors in a group, and in the order listed, with no payment to survivors in any group if there is any survivor in any group preceding it as listed: (a) Surviving spouse. (b) The trustee of a revocable inter vivos trust created by the decedent, unless within six months after the decedent dies a will executed by the decedent requiring distribution of the amount to a different person is admitted to probate. (c) In equal shares to the children of the decedent and to the issue of any deceased child by right of representation. (d) Parents. (e) Brothers and sisters. (f) Nephews and nieces. [Formerly 291.526; 1965 c.401 §1; 1973 c.823 §125; 1979 c.763 §4; 1981 c.594 §2; 1989 c.171 §39; 1993 c.694 §33; 1995 c.290 §1; 2023 c.9 §17]
Administrative rules citing this section
This rule cites
- ORS 98.302 — resolved
- 98.436 — resolved
Cited by
- ORS 293.495: Procedure for payment.
- ORS 293.500: Probate proceedings unnecessary; accounting to administrator.
- ORS 314.415: Refunds; interest; credits.
- ORS 411.610: Indorsement by others of assistance checks or warrants payable to deceased recipient; disposition of proceeds.
- OAR 150-314-0256: Refunds of Tax Overpayments to Spouse or Heirs
- OAR 471-070-1260: Benefits: Authorized Agent of an Incapacitated or Deceased Claimant
- OAR 471-070-1465: Benefits: Payment Due to a Deceased Individual and Abandoned Payment
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors293.html