(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.\n(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.\n(3) If a devisee or a person entitled to take under ORS 112.025 to 112.045 is not identified or found:\n(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;\n(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\n(c) The State Treasurer has all of the rights of the missing devisee or person for the purposes of ORS chapters 111, 112, 113, Property and Estates Fund and subject to claims under ORS 116.253; and\n(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:\n(A) The right to contest any will of the decedent under ORS 113.075; and\n(B) 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]
Oregon Legal Code