73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3610
House Bill 3476
Sponsored by COMMITTEE ON ELECTIONS AND RULES
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Makes legislative findings that many individuals have
significant personal, emotional and economic relationships with
other individuals, but are prohibited from marrying. Sets
requirements for two adults who are legally prohibited from
marrying to enter into reciprocal beneficiary relationship.
Requires Director of Human Services to register reciprocal
beneficiary relationship and issue certificate of reciprocal
beneficiary relationship. Extends certain legal rights and
obligations to reciprocal beneficiaries. Provides for termination
of relationships.
A BILL FOR AN ACT
Relating to rights of reciprocal beneficiaries; creating new
provisions; and amending ORS 93.180, 97.130, 111.005, 112.025,
112.035, 112.045, 113.085, 114.005, 127.635, 146.035, 311.670,
311.681, 311.688, 311.690, 311.721, 311.722, 311.723, 432.121,
708A.430, 708A.655, 722.262, 722.660, 723.466 and 723.844.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 7 of this 2005 Act:
(1) 'Declaration of reciprocal beneficiary relationship ' means
a statement, in a form prescribed by the Director of Human
Services, that declares the intent of two adults to enter into a
reciprocal beneficiary relationship.
(2) 'Reciprocal beneficiaries' means two adults who are parties
to a valid reciprocal beneficiary relationship, who meet the
requirements for a valid reciprocal beneficiary relationship
under section 4 of this 2005 Act and who have been issued a
certificate of reciprocal beneficiary relationship by the
director under section 5 of this 2005 Act. + }
SECTION 2. { + The purpose of sections 1 to 7 of this 2005 Act
is to extend certain rights and obligations to couples composed
of two adults who are legally prohibited from marrying each other
under ORS chapter 106. + }
SECTION 3. { + (1) The Legislative Assembly finds that the
people of Oregon have chosen to preserve the tradition of
marriage as a unique social institution between one man and one
woman. As such, marriages are subject to restrictions, such as
the prohibition of a marriage under ORS 106.020 between parties
who are first cousins or any nearer of kin to each other.
(2) However, the Legislative Assembly acknowledges that many
individuals have significant personal, emotional and economic
relationships with other individuals, but are prohibited by law
from marrying each other. Examples of such individuals include
two individuals who are related to each other, such as a widowed
mother and her unmarried son, or two unrelated adults of the same
gender.
(3) The Legislative Assembly finds that certain rights and
obligations should be extended to couples composed of two adults
who are legally prohibited from marrying each other. + }
SECTION 4. { + To enter into a valid reciprocal beneficiary
relationship:
(1) Each party must be at least 18 years of age;
(2) Each party may not be married or a party to another
reciprocal beneficiary relationship;
(3) The parties must be prohibited from marrying each other
under ORS chapter 106;
(4) Each party must consent to the reciprocal beneficiary
relationship, and the consent of a party may not be obtained by
force, duress or fraud; and
(5) Each party must sign a declaration of reciprocal
beneficiary relationship as provided in section 5 of this 2005
Act. + }
SECTION 5. { + (1) Two individuals who meet the requirements
of section 4 of this 2005 Act may enter into a reciprocal
beneficiary relationship and register their reciprocal
beneficiary relationship by filing a signed, notarized
declaration of reciprocal beneficiary relationship with the
Director of Human Services.
(2) The director shall prescribe a form for the declaration and
shall set and collect a fee for filing the declaration. The
director shall submit the fee to the State Treasurer for deposit
in the General Fund.
(3) Upon receipt of a signed, notarized declaration and the
filing fee, the director shall register the declaration and
provide a certificate of reciprocal beneficiary relationship to
each party named on the declaration. The director shall maintain
a record of each declaration of reciprocal beneficiary
relationship filed with the director and each certificate of
reciprocal beneficiary relationship issued by the director. + }
SECTION 6. { + (1) Upon issuance of a certificate of
reciprocal beneficiary relationship as provided in section 5 of
this 2005 Act, the rights and obligations extended by law to
reciprocal beneficiaries are extended to the parties named in the
certificate. Unless otherwise expressly provided by law,
reciprocal beneficiaries do not have the same rights and
obligations under law that are extended through marriage under
ORS chapter 106.
(2) Nothing in sections 1 to 7 of this 2005 Act may be
construed to entitle one reciprocal beneficiary, as a result of
being a reciprocal beneficiary, to receive life, health,
retirement or any other benefits that result from the employment
of the other reciprocal beneficiary. + }
SECTION 7. { + (1) A party to a reciprocal beneficiary
relationship may terminate the relationship by filing a signed,
notarized declaration of termination of reciprocal beneficiary
relationship with the Director of Human Services.
(2) The director shall prescribe a form for the declaration of
termination and shall set and collect a fee for filing the
declaration. The director shall submit the fee to the State
Treasurer for deposit in the General Fund.
(3) Upon receipt of a signed, notarized declaration of
termination and the filing fee, the director shall register the
declaration of termination and provide a certificate of
termination of reciprocal beneficiary relationship to each party
named on the declaration. The director shall maintain a record of
each declaration of termination filed with the director and each
certificate of termination issued by the director.
(4) When a marriage license is issued under ORS 106.077 to a
party to a reciprocal beneficiary relationship, or when a party
to a reciprocal beneficiary relationship enters into a legal
marriage contract, the reciprocal beneficiary relationship is
terminated and the rights and obligations extended to reciprocal
beneficiaries are no longer extended to the parties of the
relationship. + }
SECTION 8. ORS 93.180 is amended to read:
93.180. Every conveyance or devise of lands, or interest
therein, made to two or more persons, other than to a husband and
wife, as such, { + to reciprocal beneficiaries as defined in
section 1 of this 2005 Act, as such, + } or to executors or
trustees, as such, creates a tenancy in common unless it is in
some manner clearly and expressly declared in the conveyance or
devise that the grantees or devisees take the lands with right of
survivorship. Such a declaration of a right to survivorship
shall create a tenancy in common in the life estate with
cross-contingent remainders in the fee simple. Joint tenancy is
abolished and the use in a conveyance or devise of the words
'joint tenants' or similar words without any other indication of
an intent to create a right of survivorship shall create a
tenancy in common.
SECTION 9. ORS 97.130 is amended to read:
97.130. (1) Any individual of sound mind who is 18 years of age
or older, by completion of a written signed instrument or by
preparing or prearranging with any funeral service practitioner
licensed under ORS chapter 692, may direct any lawful manner of
disposition of the individual's remains. Except as provided under
subsection (6) of this section, disposition directions or
disposition prearrangements that are prepaid or that are filed
with a funeral service practitioner licensed under ORS chapter
692 shall not be subject to cancellation or substantial revision.
(2) A person within the first applicable listed class among the
following listed classes that is available at the time of death
or, in the absence of actual notice of a contrary direction by
the decedent as described under subsection (1) of this section or
actual notice of opposition by completion of a written instrument
by a member of the same class or a member of a prior class, may
direct any lawful manner of disposition of a decedent's remains
by completion of a written instrument:
(a) The spouse { + or reciprocal beneficiary, as defined in
section 1 of this 2005 Act, + } of the decedent.
(b) A son or daughter of the decedent 18 years of age or older.
(c) Either parent of the decedent.
(d) A brother or sister of the decedent 18 years of age or
older.
(e) A guardian of the decedent at the time of death.
(f) A person in the next degree of kindred to the decedent.
(g) The personal representative of the estate of the decedent.
(h) The person nominated as the personal representative of the
decedent in the decedent's last will.
(i) A public health officer.
(3) The decedent or any person authorized in subsection (2) of
this section to direct the manner of disposition of the
decedent's remains may delegate such authority to any person 18
years of age or older. Such delegation shall be made by
completion of the written instrument described in subsection (7)
of this section. The person to whom the authority is delegated
shall have the same authority under subsection (2) of this
section as the person delegating the authority.
(4) If a decedent or the decedent's designee issues more than
one authorization or direction for the disposal of the decedent's
remains, only the most recent authorization or direction shall be
binding.
(5) A donation of anatomical gifts under ORS 97.952 or 97.954
shall take priority over directions for the disposition of a
decedent's remains under this section only if the person making
the donation is of a priority under subsection (1) or (2) of this
section the same as or higher than the priority of the person
directing the disposition of the remains.
(6) If the decedent directs a disposition under subsection (1)
of this section and those financially responsible for the
disposition are without sufficient funds to pay for such
disposition or the estate of the decedent has insufficient funds
to pay for the disposition, or if the direction is unlawful, the
direction shall be void and disposition shall be in accordance
with the direction provided by those persons given priority in
subsection (2) of this section and who agree to be financially
responsible.
(7) The signature of the individual shall be required for the
completion of the written instrument required in subsection (3)
of this section. The following form or a form substantially
similar shall be used by all individuals:
_________________________________________________________________
APPOINTMENT OF PERSON
TO MAKE DECISIONS
CONCERNING DISPOSITION
OF REMAINS
I, ____________, appoint ____________, whose address is
__________ and whose telephone number is (__) ______, as the
person to make all decisions regarding the disposition of my
remains upon my death for my burial or cremation. In the event
________ is unable to act, I appoint ________, whose address is
____________ and whose telephone number is (__) ______, as my
alternate person to make all decisions regarding the disposition
of my remains upon my death for my burial or cremation.
It is my intent that this Appointment of Person to Make
Decisions Concerning Disposition of Remains act as and be
accepted as the written authorization presently required by ORS
97.130 (or its corresponding future provisions) or any other
provision of Oregon Law, authorizing me to name a person to have
authority to dispose of my remains.
DATED this __ day of ____, ___.
____________
(Signature)
DECLARATION OF WITNESSES
We declare that ________ is personally known to us, that he/she
signed this Appointment of Person to Make Decisions Concerning
Disposition of Remains in our presence, that he/she appeared to
be of sound mind and not acting under duress, fraud or undue
influence, and that neither of us is the person so appointed by
this document.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Witnessed By:
__________
Date: ___
Witnessed By:
__________
Date: ___
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(8) Subject to the provisions of ORS 97.950 to 97.964, if
disposition of the remains of a decedent has not been directed
and authorized under this section within 10 days after the date
of the death of the decedent, a public health officer may direct
and authorize disposition of the remains.
SECTION 10. ORS 111.005 is amended to read:
111.005. As used in ORS chapters 111, 112, 113, 114, 115, 116
and 117, unless the context requires otherwise:
(1) 'Abate' means to reduce a devise on account of the
insufficiency of the estate to pay all claims, expenses and
devises in full.
(2) 'Action' includes suits and legal proceedings.
(3) 'Administration' means any proceeding relating to the
estate of a decedent, whether the decedent died testate,
intestate or partially intestate.
(4) 'Advancement' means a gift by a decedent to an heir to
enable the donee to anticipate the inheritance to the extent of
the gift.
(5) 'All purposes of intestate succession' means succession by,
through or from a person, both lineal and collateral.
(6) 'Assets' includes real, personal and intangible property.
(7) 'Claim' includes liabilities of a decedent, whether arising
in contract, in tort or otherwise.
(8) 'Court' or 'probate court' means the court in which
jurisdiction of probate matters, causes and proceedings is vested
as provided in ORS 111.075.
(9) 'Decedent' means a person who has died leaving property
that is subject to administration.
(10) 'Devise,' when used as a noun, means property disposed of
by a will, and includes 'legacy' and 'bequest. '
(11) 'Devise,' when used as a verb, means to dispose of
property by a will, and includes 'bequeath. '
(12) 'Devisee' includes 'legatee' and 'beneficiary. '
(13) 'Distributee' means a person entitled to any property of a
decedent under the will of the decedent or under intestate
succession.
(14) 'Domicile' means the place of abode of a person, where the
person intends to remain and to which, if absent, the person
intends to return.
(15) 'Estate' means the real and personal property of a
decedent, as from time to time changed in form by sale,
reinvestment or otherwise, and augmented by any accretions or
additions thereto and substitutions therefor or diminished by any
decreases and distributions therefrom.
(16) 'Funeral' includes burial or other disposition of the
remains of a decedent, including the plot or tomb and other
necessary incidents to the disposition of the remains.
(17) 'General devise' means a devise chargeable generally on
the estate of a testator and not distinguishable from other parts
thereof or not so given as to amount to a specific devise.
(18) 'Heir' means any person, including the surviving
spouse { + or reciprocal beneficiary, as defined in section 1 of
this 2005 Act + }, who is entitled under intestate succession to
the property of a decedent who died wholly or partially
intestate.
(19) 'Interested person' includes heirs, devisees, children,
spouses, { + reciprocal beneficiaries, as defined in section 1
of this 2005 Act, + } creditors and any others having a property
right or claim against the estate of a decedent that may be
affected by the proceeding. It also includes fiduciaries
representing interested persons.
(20) 'Intestate' means one who dies without leaving a valid
will, or the circumstance of dying without leaving a valid will,
effectively disposing of all the estate.
(21) 'Intestate succession' means succession to property of a
decedent who dies intestate or partially intestate.
(22) 'Issue' includes adopted children and their issue and,
when used to refer to persons who take by intestate succession,
includes all lineal descendants, except those who are the lineal
descendants of living lineal descendants.
(23) 'Net estate' means the real and personal property of a
decedent, except property used for the support of the surviving
spouse { + , or reciprocal beneficiary, as defined in section 1
of this 2005 Act, + } and children and for the payment of
expenses of administration, funeral expenses, claims and taxes.
(24) 'Net intestate estate' means any part of the net estate of
a decedent not effectively disposed of by the will.
(25) 'Personal property' includes all property other than real
property.
(26) 'Personal representative' includes executor,
administrator, administrator with will annexed and administrator
de bonis non, but does not include special administrator.
(27) 'Property' includes both real and personal property.
(28) 'Real property' includes all legal and equitable interests
in land, in fee and for life.
(29) 'Settlement' includes, as to the estate of a decedent, the
full process of administration, distribution and closing.
(30) 'Specific devise' means a devise of a specific thing or
specified part of the estate of a testator that is so described
as to be capable of identification. It is a gift of a part of the
estate identified and differentiated from all other parts.
(31) 'Will' includes codicil; it also includes a testamentary
instrument that merely appoints an executor or that merely
revokes or revives another will.
SECTION 11. ORS 112.025 is amended to read:
112.025. If the decedent leaves a surviving spouse { + or
reciprocal beneficiary, as defined in section 1 of this 2005
Act, + } and { + surviving + } issue, the intestate share of the
surviving spouse { + or reciprocal beneficiary + } is:
(1) If there are surviving issue of the decedent all of whom
are issue of the surviving spouse { + or reciprocal
beneficiary + } also, the entire net intestate estate.
(2) If there are surviving issue of the decedent one or more of
whom are not issue of the surviving spouse { + or reciprocal
beneficiary + }, one-half of the net intestate estate.
SECTION 12. ORS 112.035 is amended to read:
112.035. If the decedent leaves a surviving spouse { + or
reciprocal beneficiary, as defined in section 1 of this 2005
Act, + } and no issue, the surviving spouse { + or reciprocal
beneficiary + } shall have all of the net intestate estate.
SECTION 13. ORS 112.045 is amended to read:
112.045. The part of the net intestate estate not passing to
the surviving spouse { + or reciprocal beneficiary, as defined
in section 1 of this 2005 Act, + } shall pass:
(1) To the issue of the decedent. If the issue are all of the
same degree of kinship to the decedent, they shall take equally,
but if of unequal degree, then those of more remote degrees take
by representation.
(2) If there is no surviving issue, to the surviving parents of
the decedent.
(3) If there is no surviving issue or parent, to the brothers
and sisters of the decedent and the issue of any deceased brother
or sister of the decedent by representation. If there is no
surviving brother or sister, the issue of brothers and sisters
take equally if they are all of the same degree of kinship to the
decedent, but if of unequal degree, then those of more remote
degrees take by representation.
(4) If there is no surviving issue, parent or issue of a
parent, to the grandparents of the decedent and the issue of any
deceased grandparent of the decedent by representation. If there
is no surviving grandparent, the issue of grandparents take
equally if they are all of the same degree of kinship to the
decedent, but if of unequal degree, then those of more remote
degrees take by representation.
(5) If, at the time of taking, surviving parents or
grandparents of the decedent are married to each other, they
shall take real property as tenants by the entirety and personal
property as joint owners with the right of survivorship.
SECTION 14. ORS 113.085 is amended to read:
113.085. (1) Except as provided in subsection (2) of this
section, upon the filing of the petition, if there is no will or
there is a will and it has been proved, the court shall appoint a
qualified person it finds suitable as personal representative,
giving preference in the following order:
(a) To the executor named in the will.
(b) To the surviving spouse { + or reciprocal beneficiary, as
defined in section 1 of this 2005 Act, + }of the decedent or the
nominee of the surviving spouse { + or reciprocal
beneficiary + } of the decedent.
(c) To the nearest of kin of the decedent or the nominee of the
nearest of kin of the decedent.
(d) To the Director of Human Services or a designee, if it
appears the decedent received public assistance pursuant to ORS
chapter 411, 412, 413 or 414 and that such assistance is a claim
against the estate.
(e) To the Director of Veterans' Affairs, if the decedent was a
protected person under ORS 406.050 (7), and the director has
joined in the petition for such appointment.
(f) To any other person.
(2) Except as provided in subsection (3) of this section, the
court shall appoint the Department of State Lands as personal
representative if it appears that the decedent died wholly
intestate and without known heirs. The Attorney General shall
represent the Department of State Lands in the administration of
the estate. Any funds received by the Department of State Lands
in the capacity of personal representative may be deposited in
accounts, separate and distinct from the General Fund,
established with the State Treasurer. Interest earned by such
account shall be credited to that account.
(3) The court may appoint a person other than the Department of
State Lands to administer the estate of a decedent who died
wholly intestate and without known heirs if the person filing a
petition under ORS 113.035 attaches written authorization from an
estate administrator of the Department of State Lands appointed
under ORS 113.235 approving the filing of the petition by the
person. Except as provided by rule adopted by the Director of the
Department of State Lands, an estate administrator may consent to
the appointment of another person to act as personal
representative only if it appears after investigation that the
estate is insolvent.
SECTION 15. ORS 114.005 is amended to read:
114.005. The spouse { + or reciprocal beneficiary, as defined
in section 1 of this 2005 Act, + } and { + the + } dependent
children of a decedent, or any of them, may continue to occupy
the principal place of abode of the decedent until one year after
the death of the decedent or, if the estate therein is an estate
of leasehold or an estate for the lifetime of another, until one
year after the death of the decedent or the earlier termination
of the estate. During that occupancy:
(1) The occupants shall not commit or permit waste to the
abode, or cause or permit mechanic's or { - materialman's
or - } other liens to attach thereto.
(2) The occupants shall keep the abode insured, to the extent
of the fair market value of the improvements, against fire and
other hazards within the extended coverage provided by fire
insurance policies. In the event of loss or damage from those
hazards, to the extent of the proceeds of the insurance, they
shall restore the abode to its former condition.
(3) The occupants shall pay taxes and improvement liens on the
abode as payment thereof becomes due.
(4) The abode is exempt from execution to the extent that it
was exempt when the decedent was living.
SECTION 16. { + A reciprocal beneficiary, as defined in
section 1 of this 2005 Act, has the same visitation privileges in
a health care facility, as defined in ORS 442.015, as the
visitation privileges enjoyed by a spouse. + }
SECTION 17. ORS 127.635 is amended to read:
127.635. (1) Life-sustaining procedures as defined in ORS
127.505 which would otherwise be applied to an incapable
principal who does not have an appointed health care
representative or applicable valid advance directive may be
withheld or withdrawn in accordance with subsections (2) and (3)
of this section if the principal has been medically confirmed to
be in one of the following conditions:
(a) A terminal condition;
(b) Permanently unconscious;
(c) A condition in which administration of life-sustaining
procedures would not benefit the principal's medical condition
and would cause permanent and severe pain; or
(d) The person has a progressive illness that will be fatal and
is in an advanced stage, the person is consistently and
permanently unable to communicate by any means, swallow food and
water safely, care for the person's self and recognize the
person's family and other people, and it is very unlikely that
the person's condition will substantially improve.
(2) If a principal's condition has been determined to meet one
of the conditions set forth in subsection (1) of this section,
and the principal does not have an appointed health care
representative or applicable advance directive, the principal's
health care representative shall be the first of the following,
in the following order, who can be located upon reasonable effort
by the health care facility and who is willing to serve as the
health care representative:
(a) A guardian of the principal who is authorized to make
health care decisions, if any;
(b) The principal's spouse { + or reciprocal beneficiary, as
defined in section 1 of this 2005 Act + };
(c) An adult designated by the others listed in this subsection
who can be so located, if no person listed in this subsection
objects to the designation;
(d) A majority of the adult children of the principal who can
be so located;
(e) Either parent of the principal;
(f) A majority of the adult siblings of the principal who can
be located with reasonable effort; or
(g) Any adult relative or adult friend.
(3) If none of the persons described in subsection (2) of this
section is available, then life-sustaining procedures may be
withheld or withdrawn upon the direction and under the
supervision of the attending physician.
(4) Life-sustaining procedures may be withheld or withdrawn
upon the direction and under the supervision of the attending
physician at the request of a person designated the health care
representative under subsections (2) and (3) of this section only
after the person has consulted with concerned family and close
friends, and if the principal has a case manager, as defined by
rules adopted by the Department of Human Services, after giving
notice to the principal's case manager.
SECTION 18. ORS 146.035 is amended to read:
146.035. (1) There shall be established within the Department
of State Police the State Medical Examiner's office for the
purpose of directing and supporting the state death investigation
program.
(2) The State Medical Examiner shall manage all aspects of the
State Medical Examiner's program.
(3) Subject to the State Personnel Relations Law, the State
Medical Examiner may employ or discharge other personnel of the
State Medical Examiner's office.
(4) The State Medical Examiner's office shall:
(a) File and maintain appropriate reports on all deaths
requiring investigation.
(b) Maintain an accurate list of all active district medical
examiners, assistant district medical examiners and designated
pathologists.
(c) Transmit monthly to the Department of Transportation a
report for the preceding calendar month of all information
obtained under ORS 146.113.
(5) Any parent, spouse, { + reciprocal beneficiary, as defined
in section 1 of this 2005 Act, + } child or personal
representative of the deceased, or any person who may be
criminally or civilly liable for the death, or their authorized
representatives respectively, may examine and obtain copies of
any medical examiner's report, autopsy report or laboratory test
report ordered by a medical examiner under ORS 146.117. The
system designated to protect and advocate the rights of
individuals with developmental disabilities under part C of the
Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6041 et seq.) and the rights of individuals with mental
illness under the Protection and Advocacy for Mentally Ill
Individuals Act (42 U.S.C. 10801 et seq.) shall have access to
reports described in this subsection pursuant to ORS 192.517.
SECTION 19. ORS 311.670 is amended to read:
311.670. In order to qualify for tax deferral under ORS 311.666
to 311.701, the property must meet all of the following
requirements when the claim is filed and thereafter so long as
the payment of taxes by the taxpayer is deferred:
(1) The property must be the homestead of the individual or
individuals who file the claim for deferral, except for an
individual required to be absent from the homestead by reason of
health.
(2) The person claiming the deferral must, by himself or
herself or together with his or her spouse { + or reciprocal
beneficiary, as defined in section 1 of this 2005 Act + }, own
the fee simple estate or be purchasing the fee simple estate
under a recorded instrument of sale, or two or more persons must
together own or be purchasing the fee simple estate with rights
of survivorship under a recorded instrument of sale if all owners
live in the homestead and if all owners apply for the deferral
jointly.
(3) There must be no prohibition to the deferral of property
taxes contained in any provision of federal law, rule or
regulation applicable to a mortgage, trust deed, land sale
contract or conditional sale contract for which the homestead is
security.
SECTION 20. ORS 311.681 is amended to read:
311.681. (1) Notwithstanding ORS 311.668, if an individual (or
two or more individuals jointly) who has elected to defer
homestead property taxes in a prior tax year has not filed a
timely claim for deferral for one or more tax years succeeding
the year in which property taxes were initially deferred under
ORS 311.666 to 311.701, then the individual may request that the
Director of the Department of Revenue grant a retroactive
deferral of property taxes on the property. A spouse { + or
reciprocal beneficiary, as defined in section 1 of this 2005
Act, + } who is eligible to make the election under ORS 311.688
may also request a grant of retroactive deferral under this
section.
(2) The director may, in the discretion of the director, grant
or deny the retroactive deferral of property taxes. No appeal
from a decision of the director under this section may be made.
(3) The director shall not grant a retroactive deferral of
property taxes if, in any intervening year between the year in
which deferral was last granted to the property and the last year
for which retroactive deferral is being requested, the property
would not have been eligible for deferral had the claim for
deferral been timely filed.
(4) If the director grants a retroactive deferral of property
taxes under this section, the department shall pay to the county
tax collector an amount equal to the deferred taxes for each
year, less three percent. Interest shall accrue on the actual
amount of taxes advanced to the county.
(5) The department shall have a lien against the tax-deferred
property for amounts deferred under this section as provided in
ORS 311.673. The lien shall attach as of July 1 of the tax year
for which the payment relates. In the case of a payment
representing more than one year's property taxes, the department
shall have a lien in the amount of that portion of a payment
related to a particular tax year, which shall attach as of July 1
of that tax year.
SECTION 21. ORS 311.688 is amended to read:
311.688. (1) Notwithstanding ORS 311.684, when one of the
circumstances listed in ORS 311.684 (1) to (3) occurs, the spouse
{ + or reciprocal beneficiary, as defined in section 1 of this
2005 Act, + } who was not eligible to or did not file a claim
jointly with the taxpayer may continue the property in its
deferred tax status by filing a claim within the time and in the
manner provided under ORS 311.668 if:
(a) The spouse { + or reciprocal beneficiary + }of the
taxpayer is or will be 60 years of age or older not later than
six months from the day the circumstance listed in ORS 311.684
(1) to (3) occurs; and
(b) The property is the homestead of the spouse { + or
reciprocal beneficiary + }of the taxpayer and meets the
requirements of ORS 311.670 (2).
(2) A spouse { + or reciprocal beneficiary + }who does not
meet the age requirements of subsection (1)(a) of this section
but is otherwise qualified to continue the property in its
tax-deferred status under subsection (1) of this section may
continue the deferral of property taxes deferred for previous
years by filing a claim within the time and in the manner
provided under ORS 311.668. If a spouse { + or reciprocal
beneficiary + }eligible for and continuing the deferral of taxes
previously deferred under this subsection becomes 62 years of age
prior to April 15 of any year, the spouse { + or reciprocal
beneficiary + }may elect to continue the deferral of previous
years' taxes deferred under this subsection and may elect to
defer the current assessment year's taxes on the homestead by
filing a claim within the time and in the manner provided under
ORS 311.668. Thereafter, payment of the taxes levied on the
homestead and deferred under this subsection and payment of taxes
levied on the homestead in the current assessment year and in
future years may be deferred in the manner provided in and
subject to ORS 311.666 to 311.701.
(3) Notwithstanding that ORS 311.668 requires that a claim be
filed no later than April 15, if the Department of Revenue
determines that good and sufficient cause exists for the failure
of a spouse { + or reciprocal beneficiary + }to file a claim
under this section on or before April 15, the claim may be filed
within 180 days after notice of taxes due and payable under ORS
311.686 is mailed or delivered by the department to the
taxpayer { + , + } { - or - } spouse { + or reciprocal
beneficiary + }.
SECTION 22. ORS 311.690 is amended to read:
311.690. (1) All payments of deferred taxes shall be made to
the Department of Revenue.
(2) Subject to subsection (3) of this section, all or part of
the deferred taxes and accrued interest may at any time be paid
to the department by:
(a) The taxpayer or the spouse { + or reciprocal beneficiary,
as defined in section 1 of this 2005 Act, + }of the taxpayer.
(b) The next of kin of the taxpayer, heir at law of the
taxpayer, child of the taxpayer or any person having or claiming
a legal or equitable interest in the property.
(3) A person listed in subsection (2)(b) of this section may
make such payments only if no objection is made by the taxpayer
within 30 days after the department deposits in the mail notice
to the taxpayer of the fact that such payment has been tendered.
(4) Any payment made under this section shall be applied first
against accrued interest and any remainder against the deferred
taxes. Such payment does not affect the deferred tax status of
the property. Unless otherwise provided by law, such payment does
not give the person paying the taxes any interest in the property
or any claim against the estate, in the absence of a valid
agreement to the contrary.
(5) When the deferred taxes and accrued interest are paid in
full and the property is no longer subject to deferral, the
department shall prepare and record in the county in which the
property is located a satisfaction of deferred property tax lien.
SECTION 23. ORS 311.721 is amended to read:
311.721. (1) Notwithstanding ORS 311.716 and 311.718, when one
of the circumstances listed in ORS 311.716 occurs, the spouse
{ + or reciprocal beneficiary, as defined in section 1 of this
2005 Act, + }of the taxpayer who claimed the deferral may elect
to continue the homestead in its deferred status if:
(a) The spouse { + or reciprocal beneficiary + } of the
taxpayer is or will be 60 years of age or older not later than
six months from the day the circumstances listed in ORS 311.716
occur; and
(b) The homestead is the homestead of the spouse { + or
reciprocal beneficiary + } of the taxpayer and meets the
requirements of ORS 311.706.
(2) The election under subsection (1) of this section to
continue the property in its deferred status by the spouse
{ + or reciprocal beneficiary + } shall be filed in the same
manner as a claim for deferral is filed under ORS 311.704, not
later than August 15 of the year following the calendar year in
which the circumstances listed in ORS 311.716 occur. Thereupon,
the homestead with respect to which the deferral is claimed shall
continue to be subject to special assessment deferral and the
appropriate local officials shall cancel all actions taken under
ORS 311.718 and make any necessary correcting entries in their
records. Subject to ORS 311.729, the deferral shall continue
until the special assessment for local improvement becomes
delinquent under ORS 311.718.
SECTION 24. ORS 311.722 is amended to read:
311.722. (1) If the taxpayer who claimed the deferral of
special assessment for local improvement dies, or if a spouse
{ + or reciprocal beneficiary, as defined in section 1 of this
2005 Act, + } who continued the deferral under ORS 311.702 to
311.735 dies, the Department of Revenue may extend the time for
payment of the special assessment for local improvement and
interest accruing with respect to the special assessment for
local improvement becoming due and payable under ORS 311.718 if:
(a) The homestead property becomes property of an individual or
individuals:
(A) By inheritance or devise; or
(B) If the individual or individuals are heirs or devisees, as
defined under ORS 111.005, in the course of settlement of the
estate;
(b) The individual or individuals commence occupancy of the
property as a principal residence on or before August 15 of the
calendar year following the calendar year of death; and
(c) The individual or individuals make application to the
department for an extension of time for payment of the deferred
special assessment for local improvement and interest prior to
August 15 of the calendar year following the calendar year of
death.
(2)(a) Subject to paragraph (b) of this subsection, an
extension granted under this section shall be for a period not to
exceed five years after August 15 of the calendar year following
the calendar year of death. The terms and conditions under which
the extension is granted shall be in accordance with a written
agreement entered into by the department and the individual or
individuals.
(b) An extension granted under this section shall terminate
immediately if:
(A) The homestead property is sold or otherwise transferred by
any party to the extension agreement;
(B) All of the heirs or devisees who are parties to the
extension agreement cease to occupy the property as a principal
residence; or
(C) The homestead property, a manufactured structure or
floating home, is moved out of the state.
(3) If the department has reason to believe that the homestead
property is not sufficient security for the deferred special
assessment for local improvement and interest the department may
require the individual or individuals to furnish a bond
conditioned upon payment of the amount extended in accordance
with the terms of the extension. The bond shall not exceed in
amount double the special assessment for local improvement with
respect to which extension is granted.
(4) During the period of extension, and until paid the deferred
special assessment for local improvement shall continue to accrue
interest in the same manner and at the same rate as provided
under ORS 311.674 (3). No interest shall accrue upon interest.
SECTION 25. ORS 311.723 is amended to read:
311.723. (1) Subject to subsection (2) of this section, all or
part of the amounts of deferred special assessment for local
improvement, and accrued interest, may at any time be paid to the
Department of Revenue by:
(a) The taxpayer who filed the claim for deferral or the
taxpayer's spouse { + or reciprocal beneficiary, as defined in
section 1 of this 2005 Act + }.
(b) The next of kin of the taxpayer who filed the claim for
deferral, the taxpayer's heir at law, the taxpayer's child or any
person having or claiming a legal or equitable interest in the
property.
(2) A person referred to in subsection (1)(b) of this section
may make the payments only if no objection is made by the
taxpayer who filed the claim for deferral within 30 days after
the department deposits in the mail notice to the taxpayer who
filed the claim that the payment has been tendered.
(3) Any payments made under this section shall be applied first
against accrued interest and any remainder against the deferred
special assessment for local improvement. A payment made pursuant
to this section does not affect the deferred status of the
homestead. Unless otherwise provided by law, the payment does not
give the person paying the deferred special assessment any
interest in the property or any claim against the estate, in the
absence of a valid agreement to the contrary.
SECTION 26. ORS 432.121 is amended to read:
432.121. (1) To protect the integrity of vital records and
vital reports, to ensure their proper use and to ensure the
efficient and proper administration of the system of vital
statistics, it shall be unlawful for any person to permit
inspection of, or to disclose information from vital records or
vital reports in the custody of the State Registrar of the Center
for Health Statistics, county registrar or local registrar or to
copy or issue a copy of all or part of any such record or report
unless authorized by this chapter and by rules adopted pursuant
thereto or by order of a court of competent jurisdiction. Rules
adopted under this section shall provide for adequate standards
of security and confidentiality of vital records and vital
reports. The state registrar shall adopt rules to ensure that,
for records of dissolution of marriage issued in proceedings
under ORS 107.085 or 107.485, Social Security numbers of the
parties are kept confidential and exempt from public inspection.
(2) The State Registrar of the Center for Health Statistics
shall authorize the inspection, disclosure and copying of the
information referred to in subsection (1) of this section as
follows:
(a) To the subject of the record; spouse, { + reciprocal
beneficiary, as defined in section 1 of this 2005 Act, + } child,
parent, sibling or legal guardian of the subject of the record;
an authorized representative of the subject of the record,
spouse, { + reciprocal beneficiary, + } child, parent, sibling
or legal guardian of the subject of the record; and, in the case
of death, marriage or divorce records, to other next of kin.
(b) When a person demonstrates that a death, marriage or
divorce record is needed for the determination or protection of a
personal or property right.
(c) When 100 years have elapsed after the date of birth or 50
years have elapsed after the date of death, marriage or divorce.
(d) When the person requesting the information demonstrates
that the person intends to use the information solely for
research purposes. In order to receive the information, the
person must submit a written request to the state registrar
requesting a research agreement. The state registrar shall issue
a research agreement if the person demonstrates that the
information will be used only for research and will be held
confidential. The research agreement shall prohibit the release
by the person of any information other than that authorized by
the agreement that might identify any person or institution.
(e) To the federal agency responsible for national vital
statistics, upon request. The copies or data may be used solely
for the conduct of official duties. Before furnishing the
records, reports or data, the state registrar shall enter into an
agreement with the federal agency indicating the statistical or
research purposes for which the records, reports or data may be
used. The agreement shall also set forth the support to be
provided by the federal agency for the collection, processing and
transmission of the records, reports or data. Upon written
request of the federal agency, the state registrar may approve,
in writing, additional statistical or research uses of the
records, reports or data supplied under the agreement.
(f) To federal, state and local governmental agencies, upon
request. The copies or data may be used solely for the conduct of
official duties of the requesting governmental agency.
(g) To offices of vital statistics outside this state when such
records or other reports relate to residents of those
jurisdictions or persons born in those jurisdictions. Before
furnishing the records, reports or data, the state registrar
shall enter into an agreement with the office of vital
statistics. The agreement shall specify the statistical and
administrative purposes for which the records, reports or data
may be used and the agreement shall further provide instructions
for the proper retention and disposition of the copies. Copies
received by the Center for Health Statistics from offices of
vital statistics in other states shall be handled in the same
manner as prescribed in this section.
(h) To an investigator licensed under ORS 703.430, upon
request.
(3) The state registrar, upon request of a family member or
legal representative, shall issue a certified copy or other copy
of a death certificate containing the cause of death information
as provided in subsection (2) of this section or as follows:
(a) When a person has demonstrated through documented evidence
a need for the cause of death to establish a legal right or
claim.
(b) When the request for the copy is made by or on behalf of an
organization that provides benefits to the decedent's survivors
or beneficiaries.
(4) Nothing in this section prohibits the release of
information or data that would not identify any person or
institution named in a vital record or a vital report.
(5) Nothing in this section shall prohibit a health care
provider from disclosing information contained in the provider's
records as otherwise allowed by law.
(6) Nothing in this section shall be construed to permit
disclosure of information contained in the 'Information for
Medical and Health Use Only' section of the birth certificate,
fetal death report or the 'Information for Statistical Purposes
Only' section of the certificate of marriage or certificate of
divorce, unless specifically authorized by the state registrar
for statistical or research purposes. The data shall not be
subject to subpoena or court order and shall not be admissible
before any court, tribunal or judicial body.
(7) All forms and procedures used in the issuance of certified
copies of vital records and vital reports shall be uniform and
provided by or approved by the state registrar. All certified
copies issued shall have security features that safeguard the
document against alteration, counterfeiting, duplication or
simulation without ready detection.
(8) Each copy issued shall show the date of filing. Copies
issued from records marked 'Amended' shall be similarly marked
and shall show the effective date of the amendment. Copies issued
from records marked 'Delayed' shall be similarly marked and shall
include the date of filing and a description of the evidence used
to establish the delayed certificate.
(9) Any copy issued of a certificate of foreign birth shall
indicate this fact and show the actual place of birth and the
fact that the certificate is not proof of United States
citizenship for an adoptive child.
(10) Appeals from decisions of the state registrar to refuse to
disclose information or to permit inspection or copying of
records as prescribed by this section and rules adopted pursuant
thereto shall be made under ORS chapter 183.
(11) The state registrar shall adopt rules to implement this
section in accordance with the applicable sections of ORS chapter
183.
(12) Indexes of deaths, marriages or divorces that list names,
dates of events, county of events or certificate numbers may be
disclosed.
SECTION 27. ORS 708A.430 is amended to read:
708A.430. (1) On the death of a depositor of a financial
institution, if the deposit is $25,000 or less, the financial
institution may, upon receipt of an affidavit from the person
claiming the deposit as provided in subsection (2) of this
section, pay the moneys on deposit to the credit of the deceased
depositor:
(a) To the surviving spouse { + or reciprocal beneficiary, as
defined in section 1 of this 2005 Act + };
(b) If there is no surviving spouse { + or reciprocal
beneficiary + }, to the Department of Human Services, on demand
of the department within 60 days from the death of the depositor
where there is a preferred claim arising under ORS 411.795,
412.600, 413.200 or 414.105, or if there is no claim by the
department, to the surviving children 18 years of age or older;
(c) If the depositor left no surviving spouse { + or
reciprocal beneficiary + }, Department of Human Services claim or
surviving children, to the depositor's surviving parents; or
(d) If there is no surviving spouse { + or reciprocal
beneficiary + }, Department of Human Services claim, surviving
child or surviving parent, to the depositor's surviving brothers
and sisters 18 years of age or older.
(2) The affidavit shall:
(a) State where and when the depositor died;
(b) State that the total deposits of the deceased depositor in
all financial institutions in Oregon do not exceed $25,000;
(c) Show the relationship of the affiant or affiants to the
deceased depositor; and
(d) Embody a promise to pay the expenses of last sickness,
funeral expenses and just debts of the deceased out of the
deposit to the full extent of the deposit if necessary, in the
order of priority prescribed by ORS 115.125, and to distribute
any remaining moneys to the persons who are entitled to those
moneys by law.
(3) In the event the decedent died intestate without known
heirs, an estate administrator of the Department of State Lands
appointed under ORS 113.235 shall be the affiant and shall
receive the moneys as escheat property.
(4) The financial institution shall determine the relationship
of the affiant to the deceased depositor, however payment of such
moneys in good faith to the affiant or affiants shall discharge
and release the transferor from any liability or responsibility
for the transfer 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.
(5) A probate proceeding is not necessary to establish the
right of the surviving spouse { + or reciprocal beneficiary + },
Department of Human Services claim, surviving child, surviving
parent, surviving brothers and sisters or an estate administrator
of the Department of State Lands to withdraw the deposits upon
the filing of the affidavit. If a personal representative is
appointed in an estate where a withdrawal of deposits was made
under this section, the person withdrawing the deposits shall
account for them to the personal representative.
(6) When a financial institution transfers moneys under
subsection (1) of this section, the transferor may require the
transferee to furnish the transferor a written indemnity
agreement, indemnifying the transferor against loss for moneys
paid to the extent of the amount of the deposit.
(7) This section is subject to the rights of other parties in
the account under ORS 708A.455 to 708A.515.
SECTION 28. 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) 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.
(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 { + , surviving reciprocal
beneficiary, as defined in section 1 of this 2005 Act, + } 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
(g) If there are no heirs of the decedent, an estate
administrator of the Department of State Lands appointed under
ORS 113.235.
(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) of
this section with respect to any will 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 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) The Oregon operating institution may presume the truth of
any statement contained in the affidavit required to be furnished
under this section, 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) If the interested person 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 pay the
expense of opening the box.
(10) 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 29. ORS 722.262 is amended to read:
722.262. (1) On the death of an account holder or a holder of a
demand deposit account, if the savings liability of an
association or federal association on all savings accounts of the
deceased, and the amounts held in all demand deposit accounts of
the deceased, is $25,000 or less, the association or federal
association may, upon receipt of an affidavit from the person
claiming the account, pay the withdrawal value of the accounts of
the deceased holder:
(a) To the surviving spouse { + or reciprocal beneficiary, as
defined in section 1 of this 2005 Act + };
(b) If there is no surviving spouse { + or reciprocal
beneficiary + }, to the surviving children 18 years of age or
older;
(c) If there is no surviving spouse { + or reciprocal
beneficiary + } or surviving children 18 years of age or older,
to the surviving parents; or
(d) If there is no surviving spouse { + or reciprocal
beneficiary + }, surviving child 18 years of age or older or
surviving parent, to the surviving brothers and sisters 18 years
of age or older.
(2) If the deceased account holder or holder of a demand
deposit account received public assistance pursuant to ORS
chapter 411, 412, 413 or 414, the Department of Human Services
may claim such withdrawal value by filing an affidavit in the
form prescribed by subsection (3) of this section and the
Department of Human Services shall be preferred to all other
claimants except a surviving spouse { + or reciprocal
beneficiary + }.
(3) The affidavit of the person or the Department of Human
Services claiming the account shall:
(a) State where and when the account holder or holder of a
demand deposit account died;
(b) State that the total withdrawal value of all savings and
demand deposit accounts of the deceased holder in all
associations in Oregon, including federal associations, does not
exceed $25,000;
(c) Show the relationship of the affiant or affiants to the
deceased holder; and
(d) Embody a promise to pay the expenses of last sickness,
funeral expenses and just debts of the deceased out of the
account to the full extent of the account if necessary, in the
order of priority prescribed by ORS 115.125, and to distribute
any remaining moneys to the persons who are entitled to those
moneys by law.
(4) In the event the decedent died intestate without known
heirs, an estate administrator of the Department of State Lands
appointed under ORS 113.235 shall be the affiant and shall
receive the withdrawal value of the accounts as escheat property.
(5) A savings association or federal association is under no
obligation to determine the relationship of the affiant to the
deceased. Payment made in good faith to the person or the
Department of Human Services or an estate administrator of the
Department of State Lands making the affidavit is a full
acquittance and release of the association or federal association
for the amount so paid.
(6) A probate proceeding is not necessary to establish the
right of the surviving spouse, { + surviving reciprocal
beneficiary, + } surviving children, surviving parent or
surviving brothers and sisters to withdraw an account as provided
by this section. However, if a personal representative is
appointed in an estate of a deceased person whose account has
been withdrawn under this section, the person or the Department
of Human Services withdrawing the account shall account for it to
the personal representative.
SECTION 30. ORS 722.660 is amended to read:
722.660. (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) Upon being furnished with a certified copy of the
decedent's death certificate or other evidence of death
satisfactory to the savings association, the savings association
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.
(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 reciprocal beneficiary, as
defined in section 1 of this 2005 Act, + } 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 savings association 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.
(4) If the box is opened for the purpose of conducting a will
search, the savings association 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 savings association cannot, despite
reasonable efforts, determine the whereabouts of such person, the
savings association 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 savings association 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 savings
association cannot, despite reasonable efforts, determine the
whereabouts of such person, the savings association 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
savings association shall comply with subsection (4) of this
section with respect to any will 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 savings association 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 be
attested to by a representative of the savings association and
may be attested to by the interested person, if the interested
person is present when the inventory is made. The savings
association shall retain the original inventory in the box, and
shall furnish a copy of the inventory to the interested person
upon request.
(8) The savings association may presume the truth of any
statement contained in the affidavit required to be furnished
under this section, and when acting in reliance upon such an
affidavit, the savings association is discharged as if it had
dealt with the personal representative of the decedent. The
savings association 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 savings association or its
employees, directors, officers or agents. If the savings
association is not satisfied that the requirements of this
section have been satisfied, the savings association may decline
to open the box.
(9) If the interested person does not furnish the key needed to
open the box, and the savings association must incur expense in
gaining entry to the box, the savings association may require
that the interested person pay the expense of opening the box.
(10) Any examination of the contents of a box under this
section shall be conducted in the presence of at least one
employee of the savings association.
SECTION 31. ORS 723.466 is amended to read:
723.466. (1) On the death of a member of a credit union, if the
deposit to the credit of the deceased member is $25,000 or less,
the credit union may, upon receipt of an affidavit from the
person claiming the deposit as provided in subsection (2) of this
section, pay the moneys on deposit:
(a) To the surviving spouse { + or reciprocal beneficiary, as
defined in section 1 of this 2005 Act + };
(b) If there is no surviving spouse { + or reciprocal
beneficiary + }, to the Department of Human Services, on demand
of the Department of Human Services within 60 days from the death
of the member when there is a preferred claim arising under ORS
411.795, 412.600, 413.200 or 414.105, or if there is no claim by
the Department of Human Services, to the surviving children 18
years of age or older;
(c) If there is no surviving spouse { + or reciprocal
beneficiary + }, Department of Human Services claim or surviving
children, to the member's surviving parents; or
(d) If there is no surviving spouse { + or reciprocal
beneficiary + }, Department of Human Services claim, surviving
children or surviving parents, to the member's surviving brothers
and sisters 18 years of age or older.
(2) The affidavit shall:
(a) State where and when the member died;
(b) State that the total deposits of the deceased member in all
financial institutions in this state do not exceed $25,000;
(c) Show the relationship of the affiant or affiants to the
deceased member; and
(d) Embody a promise to pay the expenses of last sickness,
funeral expenses and just debts of the deceased out of the
deposit, to the full extent of the deposit if necessary, in the
order of priority prescribed by ORS 115.125, and to distribute
any remaining moneys to the persons who are entitled to those
moneys by law.
(3) In the event the decedent died intestate without known
heirs, an estate administrator of the Department of State Lands
appointed under ORS 113.235 shall be the affiant and shall
receive the moneys as escheat property.
(4) The credit union shall determine the relationship of the
affiant to the deceased member. However, payment of such moneys
in good faith to the affiant or affiants shall discharge and
release the transferor from any liability or responsibility for
the transfer 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.
(5) A probate proceeding is not necessary to establish the
right of the surviving spouse, { + surviving reciprocal
beneficiary, + } Department of Human Services claim, surviving
children, surviving parents, surviving brothers and sisters or an
estate administrator of the Department of State Lands to withdraw
the deposits upon the filing of the affidavit. If a personal
representative is appointed in an estate where a withdrawal of
deposits was made under this section, the person withdrawing the
deposits shall account for them to the personal representative.
(6) When a credit union transfers moneys under subsection (1)
of this section, the transferor may require the transferee to
furnish the transferor with a written indemnity agreement,
indemnifying the transferor against loss for moneys paid to the
extent of the amount of the deposit.
(7) This section is subject to the rights of other parties to
the account under ORS 723.474 to 723.498.
SECTION 32. 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) 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.
(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 reciprocal beneficiary, as
defined in section 1 of this 2005 Act, + } 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 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.
(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) of this section
with respect to any will 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 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) The credit union may presume the truth of any statement
contained in the affidavit required to be furnished under this
section, 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) If the interested person 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 pay the expense of opening the box.
(10) 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.
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