Or. Admin. Code § 170-135-0030

Current through Register Vol. 63, No. 10, October 1, 2024

Section 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

Or. Admin. Code § 170-135-0030

OST 2-2021, adopt filed 06/29/2021, effective 7/1/2021; OST 5-2022, minor correction filed 03/15/2022, effective 3/15/2022

Statutory/Other Authority: ORS 178.050

Statutes/Other Implemented: ORS 114.520