Oregon Statutes 114.545 – Affiant as fiduciary; duties, functions and powers of affiant; limitation of liability of financial institution
(1) The affiant:
Terms Used In Oregon Statutes 114.545
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Decedent: A deceased person.
- Fiduciary: A trustee, executor, or administrator.
- Intestate: Dying without leaving a will.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Probate: Proving a will
(a) Is a fiduciary who is under a general duty to administer, preserve, settle and distribute the estate in accordance with the terms of the will, the law of intestate succession and ORS § 114.505 to 114.560 as expeditiously and with as little sacrifice of value as is reasonable under the circumstances.
(b) May not commingle property of the estate of which the affiant has taken possession with property of the affiant or any other person.
(c) Shall take control of the property of the estate coming into the possession of the affiant and collect the income from property of the estate in the possession of the affiant.
(d) Within 30 days after filing the simple estate affidavit, shall mail or deliver each instrument that the affidavit states will be mailed or delivered.
(e) May open one or more deposit accounts in a financial institution as defined in ORS § 706.008 with funds of the decedent, upon which the affiant may withdraw funds by means of checks, drafts or negotiable orders of withdrawal or otherwise for the payment of claims and expenses described in paragraph (f) of this subsection.
(f) From and to the extent of the property of the estate, shall pay or reimburse any person who has paid:
(A) Expenses described in ORS § 115.125 (1)(b) and (c) and listed in the simple estate affidavit;
(B) Claims listed in the simple estate affidavit as undisputed;
(C) Allowed claims presented to the affiant within the time permitted by ORS § 114.540; and
(D) Claims that the probate court allowed upon summary determination under ORS § 114.542.
(g) Shall pay claims and expenses under paragraph (f) of this subsection in the order of priority prescribed by ORS § 115.125.
(h) May transfer and sell property that is part of the estate as provided in ORS § 114.547.
(i) Shall retain records of the administration of the estate at least until the later of:
(A) The expiration of the two-year period established in ORS § 114.550; or
(B) The conclusion of any summary review proceeding under ORS § 114.550.
(2) Notwithstanding any other provision of this section or ORS § 114.547, when an heir or devisee entitled to succeed to a conveyance fails or refuses to join in the conveyance as required by ORS § 114.547, an affiant approved under ORS § 114.517 may convey any real or personal property that is part of the estate at any time to a third party for a valuable consideration.
(3) Property conveyed by an affiant under ORS § 114.547 or this section is subject to liens and encumbrances against the decedent or the estate of the decedent. Property conveyed by an affiant under ORS § 114.547 is not subject to rights of creditors of the decedent or liens or encumbrances against the heirs or devisees of the decedent. The presentation and allowance of a claim in a proceeding under ORS § 114.505 to 114.560 does not make the claimant a secured creditor.
(4) Any claiming successor to whom property of the estate is delivered or transferred under ORS § 114.505 to 114.560 is personally answerable and accountable:
(a) To the extent of the value of the property received, to creditors of the estate to the extent such creditors are entitled to payment under subsection (1) of this section; and
(b) To any personal representative of the estate of the decedent appointed after the payment, delivery or transfer is made.
(5) A financial institution as defined in ORS § 706.008 that opens one or more deposit accounts for an affiant pursuant to subsection (1)(e) of this section is not liable to any other person for opening the account or accounts or for permitting the affiant to withdraw funds from the account or accounts by means of checks, drafts, negotiable orders of withdrawal or otherwise. The financial institution is not required to ensure that the funds of the decedent that are paid out by the affiant are properly applied. [1973 c.710 § 7; 1979 c.340 § 4; 1985 c.300 § 5; 1989 c.148 § 6; 1989 c.228 § 5; 1991 c.191 § 4; 2003 c.655 § 61; 2015 c.146 § 1; 2019 c.165 § 13; 2021 c.97 § 14; 2023 c.17 § 15]