or 803.094, or a similar statute providing for the transfer of property

723.466 or 803.094, or a similar statute providing for the transfer of property of an estate that is not being probated, the person shall pay the debt or transfer, deliver, provide access to or allow possession of the property to the affiant if the person would be required to pay the debt or transfer, deliver, provide access to or allow possession of the property to a personal representative of the estate.

����� (4) Any person that pays a debt owing to the decedent or transfers, delivers, provides access to or allows possession of property of a decedent in the manner provided by this section is discharged and released from any liability or responsibility for the debt or property in the same manner and with the same effect as if the debt had been paid or the property had been transferred or delivered to a personal representative of the estate of the decedent.

����� (5) The affiant may deliver a certified copy of a simple estate affidavit to a transfer agent of any corporate security registered in the name of the decedent. The transfer agent shall change the registered ownership on the books of the corporation to the affiant or the person named in the affidavit entitled to it, as directed by the affiant.

����� (6) If the decedent was a holder of a recorded brand, the affiant may deliver a certified copy of a simple estate affidavit to the State Department of Agriculture. Subject to the requirements under ORS 604.041, the department shall change the registered ownership of the recorded brand to the affiant or the person named in the affidavit entitled to it, as directed by the affiant.

����� (7)(a) If a person to whom a certified copy of a simple estate affidavit is delivered under this section refuses to pay a debt or deliver, transfer, provide access to or allow possession of personal property as required by this section, the affiant may serve a written demand by certified mail on the person to pay the debt or deliver, transfer, provide access to or allow possession of the personal property. The demand must state that, if the person fails to pay the debt or deliver, transfer, provide access to or allow possession of the personal property, the affiant may file a motion to compel payment of the debt or delivery of, transfer of or access to the personal property.

����� (b) If the person fails to pay the debt or deliver, transfer, provide access to or allow possession of the personal property within 30 days after service of a demand under paragraph (a) of this subsection, the affiant may file a motion to compel payment of the debt or delivery of, transfer of or access to the personal property. The court may enter a judgment awarding reasonable attorney fees to the prevailing party if the court finds that the affiant filed the motion without an objectively reasonable basis or the person refused to pay the debt or deliver, transfer, provide access to or allow possession of any personal property without an objectively reasonable basis.

����� (8) If a simple estate affidavit was signed by the Director of Human Services, the Director of the Oregon Health Authority or an attorney approved under ORS 114.517, the Director of Human Services, the Director of the Oregon Health Authority or the attorney may certify a copy of the affidavit for the purposes described in this section.

����� (9) Notwithstanding ORS chapters 270, 273 and 274, an estate administrator of the State Treasurer appointed under ORS 113.235 or the Director of Human Services or Director of the Oregon Health Authority serving as an affiant may deal with property of the estate as an affiant under this section. [1973 c.710 �4; 1979 c.340 �3; 1989 c.228 �4; 1991 c.67 �23; 1997 c.631 �404; 2003 c.196 �2; 2003 c.655 �60; 2009 c.541 �4; 2009 c.595 �80; 2009 c.828 �11; 2011 c.422 �3; 2019 c.165 �8; 2019 c.678 �42; 2023 c.17 �13; 2023 c.408 �1a]

����� 114.537 Safe deposit boxes. (1) If a person who is eligible to file a simple estate affidavit is aware that the decedent was the sole lessee or the last surviving lessee of a safe deposit box or was the owner of the contents of a safe deposit box at the time of the decedent�s death, the claiming successor or other person may not file a simple estate affidavit until the person requests an inventory of the box under ORS