ORS 312.540 Claim of surplus; claims by heirs of former owner; claims based on valid lien or debt; former owner’s debts not extinguished

A claimant is entitled to a return of a surplus, if any, in the amount determined under ORS 312.530, as of the date on which the county disposes of the claimant’s property as described in ORS 312.530 (3).

A claim for a surplus must be made with the State Treasurer in the manner provided by ORS 98.392 and 98.396.

If the estate of a deceased former owner will not be probated, the State Treasurer shall allow a claim to be made by the heirs, devisees or a person named as a personal representative in the deceased former owner’s will or an estate administrator appointed by the State Treasurer.

A claim made under this subsection must include:

A copy of the former owner’s death certificate;

A copy of the former owner’s will, if any;

A statement that the estate is not being probated and that a small estate affidavit is not being filed for the estate;

The identity of each beneficiary of the claim;

The proportion of the surplus distributable to each beneficiary; and

Signatures of all beneficiaries of the claim acknowledging their participation in the claim.

If there are multiple heirs, an heir who has occupied the property as a primary residence for more than one year is presumed to have authority to receive the surplus on behalf of all heirs, in the absence of a written agreement among heirs or objection by a nonresident heir.

A claimant does not have any interest in a surplus during the period of redemption or any other time prior to the date on which the claim arises under subsection (1) of this section.

A person other than a claimant may claim the surplus based upon a valid lien against the property or a debt of the claimant.

Any purported assignment of a claim to the surplus is void except for an assignment made for the protection of the interests of the claimant, including an assignment in a bankruptcy proceeding, power of attorney or custodianship or guardianship proceedings.

Nothing in ORS 312.500 to 312.560 extinguishes any debt obligation of a former owner that is outstanding as of the date on which title to the property is conveyed to the county under ORS 312.270, other than the property tax amounts that were extinguished by the conveyance to the county.