If the title to any property to which ORS § 112.705 to 112.775 apply was held by the decedent at the time of death, title of the surviving spouse may be perfected by an order of the probate court or by execution of an instrument by the personal representative or the heirs or devisees of the decedent with the approval of the court. Neither the personal representative nor the court in which the decedent’s estate is being administered has a duty to discover or attempt to discover whether property held by the decedent is property to which ORS § 112.705 to 112.775 apply, unless a written demand is made by the surviving spouse or the spouse’s successor in interest. [1973 c.205 § 4]

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