Bill Text: OR SB414 | 2011 | Regular Session | Enrolled
Bill Title: Relating to small estates; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-06-22 - Effective date, June 17, 2011. [SB414 Detail]
Download: Oregon-2011-SB414-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 414
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for Oregon Bankers Association)
CHAPTER ................
AN ACT
Relating to small estates; creating new provisions; amending ORS
114.535, 708A.655 and 723.844; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2011 Act is added to and made
a part of ORS 114.505 to 114.560. + }
SECTION 2. { + (1) If a claiming successor or other person who
is eligible to file an affidavit under ORS 114.515 is aware that
the decedent was the sole lessee or the last surviving lessee of
a safe deposit box at the time of the decedent's death, the
claiming successor or other person may not file an affidavit
under ORS 114.515 until the person requests an inventory of the
box under ORS 708A.655, if the lessor of the box is an Oregon
operating institution as defined in ORS 706.008, or under ORS
723.844, if the lessor of the box is a credit union as defined in
ORS 723.008. Upon receiving the request, the lessor of the box
shall cause an inventory of the contents of the box to be made.
The lessor shall retain the original inventory in the box and
shall provide a copy of the inventory to the person requesting
the inventory. The person requesting the inventory shall take the
contents of the box into consideration in determining whether the
estate of the decedent is within the limits prescribed by ORS
114.515 (2). If an affidavit under ORS 114.515 is filed by the
person, the value of the contents of the box shall be stated in
the affidavit.
(2) If a person who has filed an affidavit under ORS 114.515
becomes aware after the filing of the affidavit that the decedent
was the sole lessee or the last surviving lessee of a safe
deposit box at the time of the decedent's death, the person shall
promptly request an inventory of the box under ORS 708A.655, if
the lessor of the box is an Oregon operating institution as
defined in ORS 706.008, or under ORS 723.844, if the lessor of
the box is a credit union as defined in ORS 723.008. Upon
receiving the request, the lessor of the box shall cause an
inventory of the contents of the box to be made. The lessor shall
retain the original inventory in the box and shall provide a copy
of the inventory to the person requesting the inventory. If the
estate of the decedent remains within the limits prescribed by
ORS 114.515 (2) after consideration of the value of the contents
Enrolled Senate Bill 414 (SB 414-A) Page 1
of the box, the person shall file an amended affidavit under ORS
114.515. Upon providing the lessor of the box with a certified
copy of the amended affidavit, the lessor shall allow the person
to take possession of the contents of the box. If the estate of
the decedent exceeds the limits prescribed by ORS 114.515 (2)
after consideration of the value of the contents of the box, the
person may not file an amended affidavit under ORS 114.515 and
shall file notice with the court that the estate of the decedent
is not subject to ORS 114.505 to 114.560 and shall serve a copy
of the notice on the lessor of the box. The lessor of the box
shall thereafter deliver the contents of the box to the personal
representative for the decedent, or to such other person as may
be provided for under the terms of the lease of the box. + }
SECTION 3. ORS 114.535 is amended to read:
114.535. { - (1) A person indebted to the decedent or having
possession of personal property belonging to the estate, to whom
a certified copy of the affidavit filed under ORS 114.515 is
delivered by the affiant on or after the 10th day following the
filing of the affidavit, shall pay, transfer or deliver the
personal property to the affiant. - }
{ + (1) Not sooner than 10 days after the filing of an
affidavit under ORS 114.515, the affiant may deliver a certified
copy of the affidavit to any person who was indebted to the
decedent or who has possession of personal property belonging to
the estate. Except as provided in this section, upon receipt of
the copy, the person shall pay, transfer, deliver, provide access
to and allow possession of the personal property to the affiant.
(2) Subject to section 2 of this 2011 Act, if a copy of an
affidavit is delivered under subsection (1) of this section to a
person that controls access to personal property belonging to the
estate of the decedent, including personal property held in a
safe deposit box for which the decedent was the sole lessee or
the last surviving lessee, the person shall:
(a) Provide the affiant with access to the decedent's personal
property; and
(b) Allow the affiant to take possession of the personal
property.
(3) Subject to section 2 of this 2011 Act, if a copy of an
affidavit is delivered under subsection (1) of this section to
+ }a person who has received property of the decedent under ORS
446.616 { + , 708A.430, 723.466 + } or 803.094, or a similar
statute providing for the transfer of property of an estate that
is not being probated, { + the person + } shall pay,
transfer { + , + } { - or - } deliver { + , provide access to
or allow possession of + } the property to the affiant if the
person would be required to pay, transfer { + , + } { - or - }
deliver { + , provide access to or allow possession of + } the
property to a personal representative of the estate. { - The
transferor - }
{ + (4) Any person that pays, transfers, delivers, provides
access to or allows possession of property of a decedent in the
manner provided by this section + } is discharged and released
from any liability or responsibility for the { - transfer - }
{ + property + } in the same manner and with the same effect as
if the property had been transferred, delivered or paid to a
personal representative of the estate of the decedent.
{ - (2) - } { + (5) + } A transfer agent of any corporate
security registered in the name of the decedent shall change the
registered ownership on the books of the corporation to the
Enrolled Senate Bill 414 (SB 414-A) Page 2
person entitled thereto on presentation of a certified copy of
the affidavit filed under ORS 114.515.
{ - (3) - } { + (6) + } If a person to whom an affidavit is
delivered refuses to pay, deliver { + , + } { - or - }
transfer { + , provide access to or allow possession of + } any
personal property { - to the affiant or the person entitled to
the property as disclosed in the affidavit filed under ORS
114.515 - } { + as required by this section + }, the property
may be recovered or payment, delivery { - or - } { + , + }
transfer of { + or access to + } the property may be compelled
upon proof of the transferee's entitlement in a proceeding
brought for the purpose by or on behalf of the transferee.
{ - (4) - } { + (7) + } If the affidavit was signed by the
Director of Human Services, the Director of the Oregon Health
Authority or an attorney approved under ORS 114.517, the Director
of Human Services, the Director of the Oregon Health Authority or
the attorney may certify a copy of the affidavit for the purposes
described in { - subsection (1) or (2) of - } this section.
SECTION 4. ORS 708A.655 is amended to read:
708A.655. (1) This section applies to the safe deposit box of
any person who is the sole lessee or last surviving lessee of the
box and who has died.
(2) { + Subject to section 2 of this 2011 Act, + } upon being
furnished with a certified copy of the decedent's death
certificate or other evidence of death satisfactory to the Oregon
operating institution, the Oregon operating institution within
which the box is located shall cause or permit the box to be
opened and the contents of the box examined at the request of an
individual who furnishes an affidavit stating:
(a) That the individual believes the box may contain the will
of the decedent, a trust instrument creating a trust of which the
decedent was a trustor or a trustee at the time of the decedent's
death, documents pertaining to the disposition of the remains of
the decedent, documents pertaining to property of the estate of
the decedent or property of the estate of the decedent; and
(b) That the individual is an interested person { - as
defined in this section - } and wishes to open the box to
conduct a will search or trust instrument search, obtain
documents relating to the disposition of the decedent's
remains { + , + } { - or - } inventory the contents of the
box { + or remove property of the estate of the decedent
pursuant to a small estate affidavit filed under ORS 114.515 + }.
(3) For the purpose of this section, 'interested person ' means
any of the following:
(a) A person named as personal representative of the decedent
in a purported will of the decedent;
(b) The surviving spouse or any heir of the decedent;
(c) A person who was serving as the court-appointed guardian or
conservator of the decedent or as trustee for the decedent
immediately prior to the decedent's death;
(d) A person named as successor trustee in a purported trust
instrument creating a trust of which the decedent was a trustor
or a trustee at the time of the decedent's death;
(e) A person designated by the decedent in a writing that is
acceptable to the Oregon operating institution and is filed with
it prior to the decedent's death;
(f) A person who immediately prior to the death of the decedent
had the right of access to the box as an agent of the decedent
under a durable power of attorney; { - or - }
Enrolled Senate Bill 414 (SB 414-A) Page 3
(g) If there are no heirs of the decedent, an estate
administrator of the Department of State Lands appointed under
ORS 113.235 { + ; or
(h) A person who is authorized to file an affidavit under ORS
114.515 + }.
(4) If the box is opened for the purpose of conducting a will
search, the Oregon operating institution shall remove any
document that appears to be a will, make a true and correct copy
of it and deliver the original will to a person designated in the
will to serve as the decedent's personal representative, or if no
such person is designated or the Oregon operating institution
cannot, despite reasonable efforts, determine the whereabouts of
such person, the Oregon operating institution shall retain the
will or deliver it to a court having jurisdiction of the estate
of the decedent. A copy of the will shall be retained in the box.
At the request of the interested person, a copy of the will,
together with copies of any documents pertaining to the
disposition of the remains of the decedent, may be given to the
interested person.
(5) If the box is opened for the purpose of conducting a trust
instrument search, the Oregon operating institution shall remove
any document that appears to be a trust instrument creating a
trust of which the decedent was a trustor or trustee at the time
of the decedent's death, make a true and correct copy of it and
deliver the original trust instrument to a person designated in
the trust instrument to serve as the successor trustee on the
death of the decedent. If no such person is designated or the
Oregon operating institution cannot, despite reasonable efforts,
determine the whereabouts of such person, the Oregon operating
institution shall retain the trust instrument. A copy of the
trust instrument shall be retained in the box. At the request of
any interested person, a copy of the trust instrument may be
given to the interested person.
(6) If the box is opened for the purpose of obtaining documents
pertaining to the disposition of the decedent's remains, the
Oregon operating institution shall comply with subsection (4)
{ + or (5) + } of this section with respect to any will { + or
trust instrument + } of the decedent found in the box, and may in
its discretion either:
(a) Make and retain in the box a copy of any documents
pertaining to the disposition of the remains of the decedent and
tender the original documents to the interested person; or
(b) Provide a copy of any documents pertaining to the
disposition of the remains of the decedent to the interested
person and retain the original documents in the box.
(7) If the box is opened for the purpose of making an inventory
of its contents, the Oregon operating institution shall comply
with subsection (4) or (5) of this section with respect to any
will or trust instrument of the decedent that is found in the
box, and shall cause the inventory to be made. The inventory
{ - shall - } { + must + } be attested to by a representative
of the Oregon operating institution and may be attested to by the
interested person, if the interested person is present when the
inventory is made. The Oregon operating institution shall retain
the original inventory in the box, and shall furnish a copy of
the inventory to the interested person upon request.
{ + (8) If the interested person is an affiant of a small
estate affidavit filed under ORS 114.515 and delivers a certified
copy of the affidavit in the manner provided by ORS 114.535, the
Oregon operating institution shall provide to the affiant access
Enrolled Senate Bill 414 (SB 414-A) Page 4
to the decedent's property. The Oregon operating institution
shall comply with subsection (4) or (5) of this section if a will
or trust instrument of the decedent is found in the box. Subject
to section 2 of this 2011 Act, the Oregon operating institution
shall allow the affiant to take possession of the personal
property in the box. + }
{ - (8) - } { + (9) + } The Oregon operating institution
may presume the truth of any statement contained in the affidavit
required to be furnished under this section { + or ORS
114.535 + }, and when acting in reliance upon such an affidavit,
the Oregon operating institution is discharged as if it had dealt
with the personal representative of the decedent. The Oregon
operating institution is not responsible for the adequacy of the
description of any property included in an inventory of the
contents of a box, or for the conversion of the property in
connection with actions performed under this section, except for
conversion by intentional acts of the Oregon operating
institution or its employees, directors, officers or agents. If
the Oregon operating institution is not satisfied that the
requirements of this section have been satisfied, the Oregon
operating institution may decline to open the box.
{ - (9) - } { + (10) + } If the interested person { + or
affiant + } does not furnish the key needed to open the box, and
the Oregon operating institution must incur expense in gaining
entry to the box, the Oregon operating institution may require
that the interested person { + or affiant + } pay the expense of
opening the box.
{ - (10) - } { + (11) + } Any examination of the contents
of a box under this section shall be conducted in the presence of
at least one employee of the Oregon operating institution.
SECTION 5. ORS 723.844 is amended to read:
723.844. (1) This section applies to the safe deposit box of
any person who is the sole lessee or last surviving lessee of the
box and who has died.
(2) { + Subject to section 2 of this 2011 Act, + } upon being
furnished with a certified copy of the decedent's death
certificate or other evidence of death satisfactory to the credit
union, the credit union within which the box is located shall
cause or permit the box to be opened and the contents of the box
examined at the request of an individual who furnishes an
affidavit stating:
(a) That the individual believes the box may contain the will
of the decedent, a trust instrument creating a trust of which the
decedent was a trustor or a trustee at the time of the decedent's
death, documents pertaining to the disposition of the remains of
the decedent, documents pertaining to property of the estate of
the decedent or property of the estate of the decedent; and
(b) That the individual is an interested person { - as
defined in this section - } and wishes to open the box to
conduct a will search or trust instrument search, obtain
documents relating to the disposition of the decedent's remains
or inventory the contents of the box { + or remove property of
the estate of the decedent pursuant to a small estate affidavit
filed under ORS 114.515 + }.
(3) For the purpose of this section, 'interested person ' means
any of the following:
(a) A person named as personal representative of the decedent
in a purported will of the decedent;
(b) The surviving spouse or any heir of the decedent;
Enrolled Senate Bill 414 (SB 414-A) Page 5
(c) A person who was serving as the court-appointed guardian or
conservator of the decedent or as trustee for the decedent
immediately prior to the decedent's death;
(d) A person named as successor trustee in a purported trust
instrument creating a trust of which the decedent was a trustor
or a trustee at the time of the decedent's death;
(e) A person designated by the decedent in a writing that is
acceptable to the credit union and is filed with it prior to the
decedent's death;
(f) A person who immediately prior to the death of the decedent
had the right of access to the box as an agent of the decedent
under a durable power of attorney; { - or - }
(g) If there are no heirs of the decedent, an estate
administrator of the Department of State Lands appointed under
ORS 113.235 { + ; or
(h) A person who is authorized to file an affidavit under ORS
114.515 + }.
(4) If the box is opened for the purpose of conducting a will
search, the credit union shall remove any document that appears
to be a will, make a true and correct copy of it and deliver the
original will to a person designated in the will to serve as the
decedent's personal representative, or if no such person is
designated or the credit union cannot, despite reasonable
efforts, determine the whereabouts of such person, the credit
union shall retain the will or deliver it to a court having
jurisdiction of the estate of the decedent. A copy of the will
shall be retained in the box. At the request of the interested
person, a copy of the will, together with copies of any documents
pertaining to the disposition of the remains of the decedent, may
be given to the interested person.
(5) If the box is opened for the purpose of conducting a trust
instrument search, the credit union shall remove any document
that appears to be a trust instrument creating a trust of which
the decedent was a trustor or trustee at the time of the
decedent's death, make a true and correct copy of it and deliver
the original trust instrument to a person designated in the trust
instrument to serve as the successor trustee on the death of the
decedent. If no such person is designated or the credit union
cannot, despite reasonable efforts, determine the whereabouts of
such person, the credit union shall retain the trust instrument.
A copy of the trust instrument shall be retained in the box. At
the request of any interested person, a copy of the trust
instrument may be given to the interested person.
(6) If the box is opened for the purpose of obtaining documents
pertaining to the disposition of the decedent's remains, the
credit union shall comply with subsection (4) { + or (5) + } of
this section with respect to any will { + or trust
instrument + } of the decedent found in the box, and may in its
discretion either:
(a) Make and retain in the box a copy of any documents
pertaining to the disposition of the remains of the decedent and
tender the original documents to the interested person; or
(b) Provide a copy of any documents pertaining to the
disposition of the remains of the decedent to the interested
person and retain the original documents in the box.
(7) If the box is opened for the purpose of making an inventory
of its contents, the credit union shall comply with subsection
(4) or (5) of this section with respect to any will or trust
instrument of the decedent that is found in the box, and shall
cause the inventory to be made. The inventory { - shall - }
Enrolled Senate Bill 414 (SB 414-A) Page 6
{ + must + } be attested to by a representative of the credit
union and may be attested to by the interested person, if the
interested person is present when the inventory is made. The
credit union shall retain the original inventory in the box, and
shall furnish a copy of the inventory to the interested person
upon request.
{ + (8) If the interested person is an affiant of a small
estate affidavit filed under ORS 114.515 and delivers a certified
copy of the affidavit in the manner provided by ORS 114.535, the
credit union shall provide to the affiant access to the
decedent's property. The credit union shall comply with
subsection (4) or (5) of this section if a will or trust
instrument of the decedent is found in the box. Subject to
section 2 of this 2011 Act, the credit union shall allow the
affiant to take possession of the personal property in the
box. + }
{ - (8) - } { + (9) + } The credit union may presume the
truth of any statement contained in the affidavit required to be
furnished under this section { + and ORS 114.535 + }, and when
acting in reliance upon such an affidavit, the credit union is
discharged as if it had dealt with the personal representative of
the decedent. The credit union is not responsible for the
adequacy of the description of any property included in an
inventory of the contents of a box, or for the conversion of the
property in connection with actions performed under this section,
except for conversion by intentional acts of the credit union or
its employees, directors, officers or agents. If the credit union
is not satisfied that the requirements of this section have been
satisfied, the credit union may decline to open the box.
{ - (9) - } { + (10) + } If the interested person { + or
affiant + } does not furnish the key needed to open the box, and
the credit union must incur expense in gaining entry to the box,
the credit union may require that the interested person { + or
affiant + } pay the expense of opening the box.
{ - (10) - } { + (11) + } Any examination of the contents
of a box under this section shall be conducted in the presence of
at least one employee of the credit union.
SECTION 6. { + Section 2 of this 2011 Act, and the amendments
to ORS 114.535, 708A.655 and 723.844 by sections 3 to 5 of this
2011 Act apply only to small estate affidavits delivered under
ORS 114.535 on or after the effective date of this 2011 Act. + }
SECTION 7. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
----------
Enrolled Senate Bill 414 (SB 414-A) Page 7
Passed by Senate May 4, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 7, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 414 (SB 414-A) Page 8
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 414 (SB 414-A) Page 9
