113.095, or becomes incapable of discharging duties, the court shall remove the personal representative. ����� (2) When a personal representative has been unfaithful to or neglectful of the trust, th

113.095, or becomes incapable of discharging duties, the court shall remove the personal representative.

����� (2) When a personal representative has been unfaithful to or neglectful of the trust, the court may remove the personal representative.

����� (3) When a personal representative has failed to comply with ORS 113.092, the court may remove the personal representative.

����� (4) For other good cause shown, the court may remove the personal representative.

����� (5) When grounds for removal of a personal representative appear to exist, the court, on its own motion or on the petition of any interested person, shall order the personal representative to appear and show cause why the personal representative should not be removed. A copy of the order to show cause and of the petition, if any, shall be served upon the personal representative and upon the surety of the personal representative as provided in ORS 111.215. [1969 c.591 �99; 1975 c.781 �9; 2017 c.169 �19]

����� 113.205 Powers of surviving personal representative. (1) Every power exercisable by copersonal representatives may be exercised by the survivors or survivor of them when the appointment of one is terminated, unless the will provides otherwise.

����� (2) Where one of two or more persons named as copersonal representatives is not appointed, those appointed may exercise all the powers incident to the office, unless the will provides otherwise. [1969 c.591 �100; 2017 c.169 �20]

����� 113.210 [Repealed by 1969 c.591 �305]

����� 113.215 Appointment of successor personal representative. (1) When a personal representative dies, is removed by the court, or resigns and the resignation is accepted by the court, the court may appoint, and, if the personal representative was the sole or the last surviving personal representative and administration is not completed, the court shall appoint another personal representative in place of the personal representative.

����� (2) If, after a will has been proven and letters testamentary or letters of administration have been issued, the will is set aside, declared void or inoperative, the letters testamentary or letters of administration shall be revoked and letters of administration issued.

����� (3) If, after administration has been granted, a will of the decedent is found and proven, the letters of administration shall be revoked and letters testamentary or letters of administration shall be issued.

����� (4) When a successor personal representative is appointed, the successor has all the rights and powers of the predecessor or of the personal representative named in the will, except that the successor may not exercise powers given in the will that by its terms are personal to the personal representative named in the will. [1969 c.591 �101; 2017 c.169 �21]

����� 113.220 [Repealed by 1969 c.591 �305]

����� 113.225 Notice to interested persons by successor personal representative. (1) If the personal representative dies, is removed by the court or resigns after the notice to interested persons required by ORS 113.155 has been published but before the expiration of four months from the date of publication, the successor personal representative shall cause notice to interested persons to be published as if the successor were the original personal representative. The republished notice shall state:

����� (a) That the original personal representative died, was removed by the court or resigned.

����� (b) The date of death, removal or resignation and the date of appointment of the new personal representative.

����� (c) That all persons having claims against the estate shall present the claims to the new personal representative as provided in ORS 115.005 within four months after the date of publication of the republished notice, or the claims may be barred.

����� (2) Notice by the successor personal representative is not required under subsection (1) of this section if the original personal representative dies, is removed by the court, or resigns after the expiration of four months from the date of publication of the notice to interested persons. [1969 c.591 �102; 1977 c.187 �1; 2017 c.169 �22; 2023 c.18 �6]

����� 113.230 [Repealed by 1969 c.591 �305]

����� 113.235 Appointment of estate administrators by State Treasurer. The State Treasurer shall appoint one or more estate administrators to administer any estate in which the State Treasurer is appointed personal representative. An estate administrator appointed under this section is an employee of the State Treasurer. [2003 c.395 �7; 2019 c.678 �36]

����� 113.238 Requirements and prohibitions related to certain decedents who die intestate and without heirs. (1) A person who has knowledge that a decedent died wholly intestate, that the decedent owned property subject to probate in Oregon and that the decedent died without a known heir shall give notice of the death within 48 hours after acquiring that knowledge to the State Treasurer.

����� (2) Except as provided by ORS 708A.430 and 723.466, a person may not dispose of or diminish any assets of the estate of a decedent who has died wholly intestate, who owned property subject to probate in Oregon and who died without a known heir unless the person has prior written approval of the State Treasurer. The prohibition of this subsection:

����� (a) Applies to a guardian or conservator for the decedent; and

����� (b) Does not apply to a personal representative appointed under ORS 113.085 (4) or to an affiant authorized under ORS 114.520 to file a simple estate affidavit under ORS 114.515.

����� (3) For purposes of this section, a known heir is an heir who has been identified and found. [2003 c.395 �8; 2009 c.541 �3; 2017 c.169 �23; 2019 c.165 �23; 2019 c.678 �37; 2023 c.17 �8]

����� 113.240 [Repealed by 1969 c.591 �305]

����� 113.242 Authority of estate administrator. (1) An estate administrator of the State Treasurer appointed under ORS 113.235 may take custody of the property of a decedent who died owning property subject to probate in Oregon upon the State Treasurer receiving notice that:

����� (a) The decedent died wholly intestate and without a known heir as described in ORS 113.238 (3); or

����� (b) The decedent left a valid will, but no devisee has been identified and found.

����� (2) For any estate described in subsection (1) of this section, an estate administrator of the State Treasurer appointed under ORS 113.235 may:

����� (a) Incur expenses for the funeral of the decedent in a manner suitable to the condition in life of the decedent;

����� (b) Incur expenses for the protection of the property of the estate;

����� (c) Incur expenses searching for a will or for heirs or devisees of the decedent;

����� (d) Have access to the property and records of the decedent other than records that are made confidential or privileged by statute;

����� (e) With proof of the death of the decedent, have access to all financial records of accounts or safe deposit boxes of the decedent at banks or other financial institutions; and

����� (f) Sell perishable property of the estate.

����� (3) The reasonable funeral and administrative expenses of the State Treasurer incurred under this section, including a reasonable attorney fee, shall be paid from the assets of the estate with the same priority as funeral and administration expenses under ORS 115.125. [2003 c.395 �9; 2016 c.42 �21; 2017 c.169 �51; 2019 c.678 �38]

����� 113.250 [Repealed by 1969 c.591 �305]

����� 113.260 [Repealed by 1969 c.591 �305]

����� 113.270 [Repealed by 1969 c.591 �305]

����� 113.280 [Repealed by 1969 c.591 �305]

����� 113.290 [Amended by 1953 c.601 �1; repealed by 1969 c.591 �305]

����� 113.410 [Repealed by 1969 c.591 �305]

����� 113.420 [Repealed by 1969 c.591 �305]

����� 113.430 [Repealed by 1969 c.591 �305]

����� 113.440 [Repealed by 1969 c.591 �305]

����� 113.450 [Repealed by 1969 c.591 �305]

����� 113.510 [Repealed by 1969 c.591 �305]

����� 113.520 [Repealed by 1969 c.591 �305]

����� 113.530 [Repealed by 1969 c.591 �305]

����� 113.540 [Repealed by 1969 c.591 �305]

����� 113.610 [Repealed by 1969 c.591 �305]

����� 113.620 [Repealed by 1969 c.591 �305]

����� 113.630 [Repealed by 1969 c.591 �305]

����� 113.640 [Repealed by 1969 c.591 �305]

����� 113.650 [Repealed by 1969 c.591 �305]

����� 113.660 [Repealed by 1969 c.591 �305]

����� 113.670 [Repealed by 1969 c.591 �305]

����� 113.680 [Repealed by 1969 c.591 �305]

����� 113.690 [Repealed by 1969 c.591 �305]

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