Oregon Revised Statutes Chapter 113 § 113.238 — Requirements and prohibitions related to certain decedents who die intestate
Oregon Revised Statutes Chapter 113 ·
Oregon Code § 113.238·Enacted ·Last updated March 01, 2026
Statute Text
Requirements and prohibitions related to certain decedents who die intestate
and without heirs.
(1) A person who has knowledge that a decedent died wholly intestate, that the
decedent owned property subject to probate in Oregon and that the decedent died
without a known heir shall give notice of the death within 48 hours after
acquiring that knowledge to the State Treasurer.
(2) Except as
provided by ORS 708A.430 and 723.466, a person may not dispose of or diminish
any assets of the estate of a decedent who has died wholly intestate, who owned
property subject to probate in Oregon and who died without a known heir unless
the person has prior written approval of the State Treasurer. The prohibition
of this subsection:
(a) Applies to a
guardian or conservator for the decedent; and
(b) Does not
apply to a personal representative appointed under ORS 113.085 (4) or to an
affiant authorized under ORS 114.520 to file a simple estate affidavit under
ORS 114.515.
(3) For purposes
of this section, a known heir is an heir who has been identified and found. [2003
c.395 §8; 2009 c.541 §3; 2017 c.169 §23; 2019 c.165 §23; 2019 c.678 §37; 2023
c.17 §8]
Plain English Explanation
This Oregon statute addresses Requirements and prohibitions related to certain decedents who die intestate
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 113.238
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Requirements and prohibitions related to certain decedents who die intestate
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