ORS 98.392: Claiming unclaimed property; lawyer trust account funds; rules.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) A person claiming an interest in unclaimed property reported under ORS 98.352 may file a claim to the property or to the proceeds from the sale of the property at any time after the property has been reported. Claims shall be filed on the form prescribed by the State Treasurer. The State Treasurer may require the person to provide a lost instrument bond if the claim is for securities and the person does not surrender the original certificate to the State Treasurer. (2) If a claim is filed under this section for amounts identified as lawyer trust account funds in the report required by ORS 98.352, the State Treasurer shall forward the claim to the Oregon State Bar for review and for payment by the Oregon State Bar if the claim is allowed. The State Treasurer and the Oregon State Bar shall adopt rules for the administration of claims subject to this subsection. [1957 c.670 §21; 1977 c.609 §1; 1983 c.716 §18; 1991 c.213 §1; 1993 c.694 §17; 1997 c.85 §1; 2009 c.462 §3; 2019 c.678 §22]
Administrative rules citing this section
- OAR 170-140-0100: Information Required on Property Claim Form — implements
- OAR 170-140-0110: Required Attachments when Claim Filed on Behalf of a Claimant — implements
- OAR 170-140-0115: Evidence Supporting a Claim — implements
- OAR 170-140-0120: Filing a Property Claim — implements
- OAR 170-140-0125: Incomplete Claims — implements
- OAR 170-140-0130: Burden of Proof and Standard of Review — implements
- OAR 170-145-0005: Definitions — implements
- OAR 170-145-0005: Definitions — authority
- OAR 170-145-0010: Determining When Holders Must Report Property — implements
- OAR 170-145-0045: Records Maintenance, Retention, and Disclosure — implements
- OAR 170-145-0100: Voluntary Disclosure Program — implements
- OAR 170-145-0100: Voluntary Disclosure Program — authority
This rule cites
- ORS 98.352 — resolved
Cited by
- ORS 60.674: Asset distribution; deposit with State Treasurer; claims.
- ORS 62.720: Presumption of abandonment; procedure for agriculture cooperatives and others.
- ORS 98.319: U.S. savings bonds presumed abandoned; escheat proceedings.
- ORS 98.353: Information on filing report.
- ORS 98.386: Deposit of funds.
- ORS 98.389: Unclaimed Property and Estates Fund; transfers from fund.
- ORS 98.396: Determination of claim; payment; reimbursement.
- ORS 98.402: Hearing on claim; petition to compel action.
- ORS 192.355: Public records exempt from disclosure.
- ORS 293.460: Recourse of owners of unpaid checks.
- ORS 312.540: Claim of surplus; claims by heirs of former owner; claims based on valid lien or debt; former owner’s debts not extinguished.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors098.html