among those states which enact it. [1973 c.205 ��7,8,9,10]

112.775 among those states which enact it. [1973 c.205 ��7,8,9,10]

DISPOSITION OF WILLS

����� 112.800 Definition for ORS 112.800 to 112.830. As used in ORS 112.800 to 112.830, unless the context requires otherwise, �person� means a natural person, a partnership, a corporation, a bank, a trust company and any other organization or legal entity. [1989 c.770 �1]

����� Note: 112.800 to 112.830 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 112 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 112.805 Exclusive manner of disposing of wills; destroyed will not revoked. (1) Any person having custody of a will has a duty to maintain custody of the will and may not destroy or discard the will, disclose its contents to any person or deliver the will to any person except as authorized by the testator or as permitted by ORS 112.800 to 112.830.

����� (2) Nothing in ORS 112.800 to 112.830 bars a testator from destroying, revoking, delivering to any person or otherwise dealing with the will of the testator.

����� (3) A will destroyed in accordance with ORS 112.800 to 112.830 is not revoked by virtue of such destruction and its contents may be proved by secondary evidence. [1989 c.770 ��2,7,10; 2021 c.272 �9]

����� Note: See note under 112.800.

����� 112.810 Duties of custodian of will. (1) Any person having custody of a will:

����� (a) Shall deliver the will to the testator upon demand from the testator, unless the person having custody of the will is an attorney and is entitled to retain the will pursuant to ORS 87.430;

����� (b) May at any time deliver the will to the testator;

����� (c) Upon demand from the conservator, shall deliver the will to a conservator for the testator;

����� (d) Upon demand from the attorney-in-fact, shall deliver the will to an attorney-in-fact acting under a durable power of attorney signed by the testator expressly authorizing the attorney-in-fact to demand custody of the will;

����� (e) May deliver the will to any attorney licensed to practice law in Oregon willing to accept delivery of the will if the person does not know or cannot ascertain, upon diligent inquiry, the address of the testator; or

����� (f) Shall deliver the will to a court having jurisdiction of the estate of the testator or to a personal representative named in the will within 30 days after the date of receiving information that the testator is dead.

����� (2) With respect to a will held in a safe deposit box, compliance with ORS 708A.655 or 723.844 by the financial institution, trust company, savings association or credit union within which the box is located shall be deemed to be compliance with the requirements of this section. [1989 c.770 �3; 1999 c.506 �3; 2009 c.541 �2]

����� Note: See note under 112.800.

����� 112.815 Conditions for disposal of will. An attorney who has custody of a will may dispose of the will in accordance with ORS 112.820 if:

����� (1) The attorney is licensed to practice law in the State of Oregon;

����� (2) The will is not subject to a contract to make a will or devise or not to revoke a will or devise; and

����� (3)(a) If the attorney knows the testator is deceased, at least five years have elapsed since the testator�s death and the attorney does not know and after diligent inquiry has been unable to ascertain the addresses for the personal representative and each successor personal representative named in the will or, if the attorney was able to locate the personal representative or one or more of the successor personal representatives named in the will, none will accept delivery of the will; or

����� (b) If the attorney does not know the testator is deceased, at least 20 years have elapsed since execution of the will and the attorney does not know and after diligent inquiry has been unable to ascertain the address of the testator. [1989 c.770 �4; 2021 c.272 �10]

����� Note: See note under 112.800.

����� 112.820 Procedure for destruction of will; affidavit. (1) An attorney who intends to destroy a will as authorized under ORS 112.815 must:

����� (a) Provide notice of the attorney�s intent to destroy the will to the testator or, if the attorney knows the testator is deceased, to the personal representative and to each successor personal representative named in the will; and

����� (b) Deliver the notice by mail, electronic mail, telephone and any other method reasonably calculated to convey the notice to the mailing addresses, electronic mail addresses and telephone numbers known to the attorney or reasonably ascertainable through public records or other searches.

����� (2) The notice under subsection (1) of this section must state the name of the testator, the date of the will and the intent of the attorney to destroy the will if, within 90 days after the date of the notice, the testator does not contact the attorney or, if the testator is deceased, the personal representative and each successor personal representative fail to accept delivery of the will.

����� (3) If the testator fails to contact the attorney within 90 days after the date of the notice or, if the testator is deceased, the personal representative and any successor personal representative fail to accept delivery of the will within 90 days of the date of the notice, the attorney may destroy the will.

����� (4)(a) At the time the attorney destroys a will under this section, the attorney shall sign an affidavit affirming:

����� (A) That despite diligent inquiry, the attorney was unable to locate the testator or, if the testator is deceased, that the attorney has knowledge of the testator�s death and, despite diligent inquiry, the attorney was unable to locate the personal representative and successor personal representatives named in the testator�s will or, if the attorney was able to locate the personal representative or any successor personal representative, that none would accept delivery of the will;

����� (B) That the attorney has created a complete digital copy of the testator�s will, including any affidavit of attesting witnesses and codicils to the will; and

����� (C) That the attorney will retain a digital copy of the affidavit, the testator�s will and any affidavit of attesting witnesses and codicils to the will for a period of no fewer than 20 years from the date of the affidavit.

����� (b) The affidavit must include documentation of the attorney�s diligent efforts to provide notice to the testator or, if the attorney knows the testator is deceased, the personal representative and successor personal representatives, including but not limited to public records search results, the addresses, electronic mail addresses, telephone numbers or any other methods of contact the attorney used to provide notice of the attorney�s intent to destroy the will, a copy of the notice and any other documentation of the attorney�s attempts to provide notice to the testator or, if the testator is deceased, to the personal representative and successor personal representatives.

����� (c) No earlier than 20 years following the date of the affidavit, the attorney may destroy the electronic copies of the affidavit and the will and any affidavit of attesting witnesses or codicils to the will without notice of the destruction to any person or court. [1989 c.770 ��5,6; 2003 c.737 ��56,57; 2005 c.702 ��65,66,67; 2011 c.595 �29; 2021 c.272 �11]

����� Note: See note under 112.800.

����� 112.825 Liability for destruction of will. A person who violates any provision of ORS 112.800 to 112.830 shall be liable to any person injured by such violation for any damages sustained thereby. An attorney who destroys a will in accordance with ORS 112.800 to 112.830 shall not be liable to the testator or any other person for such destruction or disposal. [1989 c.770 �8]

����� Note: See note under 112.800.

����� 112.830 Court may order delivery of will. If it appears to a court having jurisdiction of the estate of a decedent that a person has custody of a will made by the decedent, the court may issue an order requiring that person to deliver the will to the court. [1989 c.770 �9]

����� Note: See note under 112.800.

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