ORS § 114.547

Current through legislation effective June 3, 2022
Section 114.547 - Sales and transfers to third parties
(1) Before the completion of the two-year period established in ORS 114.550, and in exchange for adequate consideration:
(a) The affiant may transfer or sell any real property if each heir or devisee who would succeed to the interest conveyed joins in the conveyance.
(b) The affiant may transfer or sell any personal property that is specifically devised to an individual devisee with the consent of the individual devisee.
(c) The affiant may transfer or sell any personal property that is not specifically devised to an individual devisee without the consent of any other person.
(2) Notwithstanding subsection (1) of this section, the affiant need not obtain participation or consent of any person if a transfer is required for purposes of abatement under ORS 116.133.
(3) The proceeds of a sale under this section, net of the reasonable expenses of sale and any debt secured as of the date of the decedent's death by a duly perfected lien on the property, become a part of the estate.
(4) If the affiant transfers or sells any vehicle that is part of the estate under this section, the affiant shall comply with the requirements established by the Department of Transportation for such purposes under ORS 803.094.
(5) If the affiant transfers or sells a manufactured structure as defined in ORS 446.561 under this section, the affiant shall assign the interest in the structure as provided in ORS 446.616.
(6) Any transfer or conveyance under this section to a purchaser in good faith and for a valuable consideration transfers or conveys the interest stated in the transfer or conveyance free of any interest of the claiming successors, and the purchaser has no duty with respect to application of the consideration paid for the transfer or conveyance.

ORS 114.547

2019 c. 165, § 15