justicedao/ipfs_state_laws huggingface dataset:
170-135-0025 Replacing the Estate Administrator as Personal Representative (1) A Person claiming to be an Heir of a Decedent whose Property is under the administration of the Treasurer must submit to the Estate Administrator acceptable proof to substantiate kinship to the Decedent. (2) Acceptable proof under section (1) of this rule includes, but is not limited to: (a) Certified copies of death and birth certificates; (b) Genealogical search records; (c) Obituaries; (d) Funeral notices; (e) Baptism records, and (f) Family Bibles. (3) The Treasurer may continue to administer the estate until the Estate Administrator determines that evidence submitted is sufficient to prove that the Person is legally entitled to the Decedent's assets. If other heirs are identified but not located, the Treasurer may continue to administer the estate in order to protect the interest of the missing Heirs and the Common School Fund, or if administration of the Estate is substantially complete and the Estate Administrator and the Known Heirs agree that it is in the best interests of the estate for the Treasurer to complete the administration. (4) If the Treasurer has filed a Probate and an Heir is subsequently identified and found, the Heir must file a substitution of Personal Representative with the Probate Court to assume the responsibility of administering the estate. The Heir must provide a Court certified copy of the order of substitution to the Treasurer. (5) If the administration is by a Small Estates Affidavit, the Heir must file an amended Small Estates Affidavit with the Court to assume responsibility of administering the estate, which shows that the Heir is taking over control and responsibility of the estate from the Treasurer, and submit a Court certified copy to the Treasurer. (6) Any person who wishes to petition the court for appointment as a personal representative for the estate of a decedent who died wholly intestate and without known heirs shall submit a written request to the Treasurer. The estate administrator may authorize the appointment of another person to act as personal representative if: (a) The estate administrator determines the estate is insolvent; or (b) The estate administrator determines that the appointment is the most cost-effective method to administer the estate and protect the assets of the estate. (7) The Estate Administrator will turn over the assets, less the Treasurer’s administrative costs and attorney fees, to the Claiming Successor or successor Personal Representative, including all bills and claims against the estate. Statutory/Other Authority: ORS 178.050 & ORS 114.520 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-135-0030 Disclaiming an Interest in Estate or Property (1) When a Person disclaims all or a partial interest in an estate under the Uniform Disclaimer of Property Interests Act (ORS 105.623 to 105.649) and the Treasurer is the Personal Representative or is otherwise administering the estate, the Person must deliver a disclaimer to the Treasurer. (2) When a Person is an Heir that was previous unknown disclaims all or a partial interest in an estate under the Uniform Disclaimer of Property Interests Act (ORS 105.623 to 105.649), the Person must deliver a disclaimer to the Treasurer. (3) To be effective, a disclaimer must: (a) Be in writing or otherwise recorded by inscription on a tangible medium or by storage in an electronic or other medium in a manner that allows the disclaimer to be retrieved in perceivable form; (b) Declare that the Person disclaims the interest in the Property or in the power of the Property; (c) Describe the interest in Property or power over the Property that is disclaimed; (d) Be signed by the Person making the disclaimer; and (e) Be: (A) Emailed to estates.escheat@ost.state.or.us; or (B) Mailed or delivered to: Estate Administrator Oregon Estates Administration Program Oregon State Treasury 867 Hawthorne Ave SE Salem, OR 97301-5241 Statutory/Other Authority: ORS 178.050 Statutes/Other Implemented: ORS 114.520 History: OST 5-2022, minor correction filed 03/15/2022, effective 03/15/2022 OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-135-0035 Requirements for Small Estates A creditor of an intestate estate without heirs who is a Claiming Successor must first request written authorization from the Treasurer before filing a small estate affidavit. The request must be: (1) Emailed to estates.escheat@ost.state.or.us; or (2) Mailed or delivered to: Estate Administrator Oregon Estate Administration Program Oregon State Treasury 867 Hawthorne Ave SE Salem, OR 97301-5241 Statutory/Other Authority: ORS 178.050 Statutes/Other Implemented: ORS 114.520 History: OST 7-2022, minor correction filed 03/15/2022, effective 03/15/2022 OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-135-0040 Request for Contested Case Hearing (1) Any Person aggrieved by a decision of the Treasurer under these rules that is not a matter subject to Probate or Small Estate Affidavit, the Person may request a contested case hearing. (2) The request must: (a) Be filed within 60 days of the date of the Treasurer’s decision; (b) Be in writing; (c) Identify the issues of law or fact being contested; and (d) Provide a summary of the evidence asserted in the petition. (3) The Person must file the request for contested case hearing either by: (a) Emailing the request to escheat.estates@ost.state.or.us; or (b) Mailing or delivering the request to the following address: Estate Administrator Oregon Estate Administration Program Oregon State Treasury 867 Hawthorne Ave SE Salem, OR 97301-5241 (4) The Office of Administrative Hearings will conduct the contested case hearing as provided under OAR 137-003-0515 and 137-003-0520. The Administrative Law Judge may only issue a Proposed and Final Order. (5) No new evidence may be submitted at the contested case hearing. If new evidence is discovered after the request is filed, the administrative law judge must remand the case to the Treasurer for further review. Statutory/Other Authority: ORS 178.050 Statutes/Other Implemented: ORS 114.520 History: OST 8-2022, minor correction filed 03/15/2022, effective 03/15/2022 OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-140-0000 Purpose These rules establish: (1) Fees required or allowed under ORS chapter 98; and (2) Requirements and procedures for making a Claim to recover Property. Statutory/Other Authority: ORS 98.422 & ORS 178.050 Statutes/Other Implemented: ORS 98.422 & ORS 178.050 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-140-0001 Applicability (1) These rules to recover Unclaimed Property under OAR 170-140-0100 through 170-140-0140 (the “Rules for Recovery of Unclaimed Property”) apply to Claims made under the Treasurer’s statutory authority or by agreement with the Treasurer and another Entity. (2) The Treasurer may waive procedural requirements when justice so requires. Statutory/Other Authority: ORS 98.422 & ORS 178.050 Statutes/Other Implemented: ORS 98.422 & ORS 178.050 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-140-0010 Maximum Percentage of Costs When the total value of Property of a verified Claim is $100.00 or more, the Treasurer may deduct a maximum of ten percent of the total value for the cost of locating the Owners under ORS 98.356(4). Statutory/Other Authority: ORS 98.422 & ORS 178.050 Statutes/Other Implemented: ORS 98.356 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-140-0015 Proof of Safe Deposit Fee Payment or Waiver (1) Unless waived, a Claimant must pay outstanding rental fees owed to a financial institution when the contents of a safe deposit box were delivered the Treasurer as abandoned or Unclaimed Property before the Treasurer will release the contents or proceeds from the contents to the Claimant. (2) When the contents of a safe deposit box were delivered to the Treasurer within the five years preceding the Claim, the Claimant must provide proof that the fees under section (1) were paid or waived. Proof may include, but is not limited to: (a) Safe deposit box rental receipt; (b) A waiver of the rental fee issued by the financial institution; or (c) If the proof required under subsection (a) or (b) of this rule is not available, the Claimant may submit testimonial evidence, including an affidavit. Statutory/Other Authority: ORS 98.422 & ORS 178.050 Statutes/Other Implemented: ORS 98.328 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-140-0020 Finder's List of Unclaimed and Escheat Property (1) Any Person may request a Finder’s List of Unclaimed and Escheat Property. (2) To complete the request, the Person must: (a) Submit the request electronically through the Treasurer’s Electronic Payment Gateway. (b) Email the completed Finder’s List Order Form to claims@ost.state.or.us; or (c) Mail or deliver the completed the Finder’s List Order Form to the following address: Oregon’s Unclaimed Property Program Oregon State Treasury 867 Hawthorne Ave SE Salem, OR 97301-5241 (3) The Person must pay the fee of not less $150.00 prior to receiving the report. The report will not be released for 20 calendar days unless the request is by credit card, debit card, electronic check, money order, or cashier’s check at the time the request is made. (4) No Person who purchases a Finder’s List of Unclaimed and Escheat Property from the Treasurer may publicly publish any detail from the lists that is not available on the Treasurer’s unclaimed property website. [You may order a Finder's List from Treasurer’s website at https://www.oregon.gov/treasury/electronic-payment-gateway/Pages/default.aspx] Statutory/Other Authority: ORS 98.050 & ORS 178.050 Statutes/Other Implemented: ORS 98.050 History: OST 3-2024, amend filed 06/03/2024, effective 06/10/2024 OST 1-2024, temporary amend filed 01/22/2024, effective 01/22/2024 through 07/19/2024 OST 9-2022, minor correction filed 03/15/2022, effective 03/15/2022 OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-140-0100 Information Required on Property Claim Form (1) To be complete, the Property Claim Form must include the Claimant’s: (a) Name: (A) If the Claimant is an individual, the Claimant’s first and last names; or (B) If the Claimant is an Entity, the Entity's legal name. (b) Current mailing address; (c) Current street address if different than the mailing address; (d) Current and reliable phone number; (e) Current email address, if applicable; (f) Prior names or alias(es), if applicable; and (g) Previous address(es), if applicable. (h) A description of: (A) The nature of the Property being claimed; and (B) The Claimant’s interest in the Property. (2) If the Property is co-owned by another Person, the completed form may include the co-Owner’s: (a) Name: (A) If the Claimant is an individual, the Claimant’s first and last names; or (B) If the Claimant is an Entity, the Entity’s legal name. (b) Current mailing address; (c) Current street address if different than the mailing address; (d) Current and reliable phone number; (e) Current email address, if applicable; (f) Prior names or alias(es), if applicable; and (g) Previous address(es), if applicable. (3) An indemnity declaration immediately above the Claimant’s signature and in prominent letters (e.g., bold type) that states, “I declare under penalty of perjury or mail fraud that to the best of my knowledge I am entitled to the assets of this Claim and agree to indemnify and hold the State Treasurer harmless for and from all claims, loss, costs, damages and expenses that State Treasurer may sustain by turning this asset over to me, or refusal to pay this asset or any part of it to any other person(s).” (4) Claimant’s signature. If the total value of the Property being claimed is more than $2,500.00, the Claimant’s signature must be notarized. (5) If the Claimant is not the original Owner, then the Claimant must provide a description of the relationship between the Claimant and the original Owner. (6) If the Claimant is the heir or devisee of a deceased Owner, the Claimant must provide a description of the Claimant’s relationship to the deceased Owner. (7) To help expedite the Claim, the Claimant may voluntarily provide the Claimant’s full or partial (i.e., last four digits) Social Security number to the Treasurer. The Treasurer will only: (a) Use the Social Security number to verify the Claimant’s entitlement to Property; and (b) Release Claimant’s Social Security number when required by law or court order. Statutory/Other Authority: ORS 98.422 & ORS 178.050 Statutes/Other Implemented: ORS 98.392 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-140-0115 Evidence Supporting a Claim (1) Generally. The Claimant may submit documents or records to establish a legal entitlement to Property. Documents or other records establishing entitlement include, but are not limited to: (a) Copies of documents showing addresses, including but not limited to utility bills, tax records, or original correspondence addressed to the Owner at the address reported to the Director; (b) Passbooks, statements of accounts, canceled checks, deposit slips; (c) Copy of, or original stock certificate in the Owner's name, copy of prior dividend payment or statement, stock transmittal receipt, brokerage firm statement; (d) Original insurance policies, premium or dividend statements; (e) Original deposit slips or receipts; (f) Original certified or photocopies of court documents; (g) Newspaper articles including marriage announcements, birth or obituary notices; (h) Family or church records, baptismal certificates, or personal correspondence; (i) Public or business records; (j) Signature verification cards from financial institutions; (k) Testimonial evidence, including properly notarized affidavits; or (l) Any other forms of evidence sufficient to meet the burden of proof under the circumstances. (2) Military Medals. If the Claim is for Military Medals, evidence to prove legal entitlement includes, but is not limited to: (a) Military discharge documents; (b) An award certificate of the Military Medal; or (c) Proof of purchase. (3) Successor. If the Claimant is a Successor, evidence to prove legal entitlement includes, but is not limited to: (a) Certified copies of probate documents; (b) Small estate affidavit; (c) Final Decree of Distribution; (d) A will; (e) A death certificate; or (f) Letters Testamentary. (4) Property held for the benefit of a business under an assumed business name (Doing Business As). If the Claim is filed on behalf of an individual, but the Claim relates to Property held for the benefit under an assumed business name or “doing business as”, evidence to prove legal entitlement includes, but is not limited to: (a) Tax statements; or (b) Business license. (5) Records assembled, received, or used by the state in connection with a Claim are exempt from public disclosure per ORS 192.355(46), except to the extent that the Claimant consents to the information’s disclosure. Statutory/Other Authority: ORS 98.422 & ORS 178.050 Statutes/Other Implemented: ORS 98.392 History: OST 3-2024, amend filed 06/03/2024, effective 06/10/2024 OST 1-2024, temporary amend filed 01/22/2024, effective 01/22/2024 through 07/19/2024 OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-140-0120 Filing a Property Claim (1) A Person may submit a Claim for Property at any time after the Person learns that the Property has been reported to the Treasurer by submitting a completed Property Claim Form and required attachments. (2) The Person filing the Claim must file under subsection (a) or subsection (b) of this section: (a) Complete and submit the online Property Claim Form through the Treasurer’s website: https://unclaimed.oregon.gov/; and (A) When an original document is not required, the Claimant may provide the document through the Treasurer’s website: https://unclaimed.oregon.gov/app/claim-doc-upload; (B) When an original document is not required and the Claimant does not upload the document through the website, the document must be mailed or delivered under subsection (2)(b); or (C) When an original document is required, the Claimant must include the assigned Claim number to each document and mail or deliver the document to the Treasurer. (b) Mail or deliver a complete Property Claim Form with attachments to: Oregon’s Unclaimed Property Program Oregon State Treasury 867 Hawthorne Ave SE Salem, OR 97301-5241 (A) A Claimant may request a Property Claim Form from the Treasurer at claims@ost.state.or.us; or (B) A Claimant may download a Property Claim Form from Treasury’s website: https://unclaimed.oregon.gov/app/forms. (3) A Claim is filed on the date the Treasurer receives the completed Property Claim Form. Statutory/Other Authority: ORS 98.422 & ORS 178.050 Statutes/Other Implemented: ORS 98.392 History: OST 10-2022, minor correction filed 03/15/2022, effective 03/15/2022 OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-140-0125 Incomplete Claims Only a completed Claim will be processed. A Claim is incomplete until: (1) The Claimant provides all required information on the Property Claim Form and all required attachments; (2) The Claimant provides additional or supplemental evidence requested by the Treasurer; (3) An Entity designates a single Agent or Employee as the authorized Agent of the Entity; (4) The Claimant surrenders a security certificate, original negotiable instrument, or, if required by the Treasurer, provides a lost instrument bond; or (5) Two or more Claimants resolve any conflicts between or among the Claimants and notify the Treasurer of the resolution. Statutory/Other Authority: ORS 98.422 & ORS 178.050 Statutes/Other Implemented: ORS 98.392 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-140-0130 Burden of Proof and Standard of Review (1) The Claimant must prove legal entitlement to Property by a preponderance of the evidence. The Claimant is responsible for contacting Persons and submitting evidence sufficient to meet the burden of proof. Name similarity alone is not sufficient to prove entitlement to Unclaimed Property. (2) Whether the Claimant meets the burden of proof is determined by: (a) The veracity of the evidence; (b) The age of the evidence; (c) The nature of the evidence (e.g., direct, indirect, or circumstantial evidence); (d) The existence of any competing evidence for the claimed Property; and (e) Any other related evidence appropriate under the circumstances of the Claim. Statutory/Other Authority: ORS 98.422 & ORS 178.050 Statutes/Other Implemented: ORS 98.392 & ORS 98.396 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-140-0135 Claim Disposition (1) The Treasurer may close a Claim when: (a) The Claimant fails to complete Property Claim Form, the online Unclaimed Property Portal, or provide required documents within 90 days of the date the Claimant last provided the Claim Form or required Claim documents; (b) The Claimant fails to provide additional or supplemental evidence within 90 days of the date the Treasurer requested; (c) An Entity fails to designate a single Agent or Employee as the individual authorized to file a Claim on behalf of the Entity within 90 days of the Treasurer providing notice; or (d) A conflict exists between or among two or more Claimants who filed Claims for the same Property and does not resolve the conflict with 90 days of the Treasurer providing notice. (2) The Treasurer will deny a Claim when the Claimant fails to prove by a preponderance of the evidence that the Claimant is legally entitled to the Property. (3) When the Treasurer finds that the Claimant has sufficiently proven a legal entitlement to the Property, the Treasurer will deliver, or cause to be delivered, the Property due under the Claim. Property will be delivered to or payment issued in the name of the Claimant, except: (a) Agent . If an Agent filed the Claim, the payment will be issued in the name of the Claimant unless otherwise directed by the Claimant. (b) Licensed Finder . If a Licensed Finder filed the Claim, the payment will be issued in the name of the Claimant and the Licensed Finder when the Power of Attorney authorizes disbursement to the Licensed Finder. If the Power of Attorney does not authorize disbursement to the Licensed Finder, the payment will be issued in the name of the Claimant. (c) Heirs . Payment will be issued for the benefit of the Heirs of the decedent (FBO) when the value of the Property is $10,000.00 or less. When the value is more than $10,000.00 the payment will be issued under the probate terms. (d) Business or Governmental Entity . Issued in the name of the Entity, the Agent, or both as directed by the Entity; or (e) Assumed Business Name . Issued in the name of the Claimant doing business as the assumed business name. Statutory/Other Authority: ORS 98.422 & ORS 178.050 Statutes/Other Implemented: ORS 98.396 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-140-0140 Requesting a Contested Case Hearing (1) A Claimant who disagrees with any proposed decision issued by the Treasurer under OAR 170-140-0135 may request a contested case hearing. (2) The request must: (a) Be received within 60 days of the date of the Treasurer’s decision; and (b) Be in writing; (3) The Claimant must file the request for contested case hearing either by: (a) Emailing the request to claims@ost.state.or.us; or (b) Mailing or delivering the request to the following address: Oregon’s Unclaimed Property Program Oregon State Treasury 867 Hawthorne Ave SE Salem, OR 97301-5241 (4) The Office of Administrative Hearings will conduct the contested case hearing as provided under OAR 137-003-0501 to 137-003-0700. Statutory/Other Authority: ORS 98.422 & ORS 178.050 Statutes/Other Implemented: ORS 98.402 History: OST 3-2024, amend filed 06/03/2024, effective 06/10/2024 OST 1-2024, temporary amend filed 01/22/2024, effective 01/22/2024 through 07/19/2024 OST 11-2022, minor correction filed 03/15/2022, effective 03/15/2022 OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-145-0000 Purpose The purpose of these rules is to provide consistent procedures for the administration of the Uniform Disposition of Unclaimed Property Act, Oregon Revised Statutes (ORS) 98.302 to 98.436, 98.991 and 98.992, and to ensure that all unclaimed money and Property held in safekeeping are reported and paid over to the Treasurer in an accurate and timely manner. Statutory/Other Authority: ORS 178.050 & ORS 98.422 Statutes/Other Implemented: ORS 178.050 & ORS 98.422 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-145-0010 Determining When Holders Must Report Property Property becomes Reportable when presumed abandoned under Exhibit A in the table attached to this rule. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 178.050 & ORS Chapter 98 Statutes/Other Implemented: ORS 62.720, ORS 98.302 to 98.436 & ORS 98.992 History: OST 3-2024, amend filed 06/03/2024, effective 06/10/2024 OST 3-2023, temporary amend filed 12/29/2023, effective 01/01/2024 through 06/23/2024 OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021