If it appears that a decedent died wholly intestate and without known heirs, and the value of the estate does not exceed the values established in ORS 114.515 (Small estate affidavit), the Department may administer the estate by filing an affidavit with the clerk of the probate court under 114.515 (Small estate affidavit).
If a decedent dies intestate and without heirs, a creditor of an estate who is a claiming successor may not file an affidavit under ORS 114.515 (Small estate affidavit) unless the Department gives written authorization. An estate administrator shall consent to the filing of an affidavit under 114.515 (Small estate affidavit) by a creditor only if it appears after investigation that the estate is insolvent.
A creditor of an estate who is subject to subsection (2) of this section shall submit a written notice to an estate administrator informing the estate administrator that the creditor intends to file an affidavit under ORS 114.515 (Small estate affidavit). Upon receiving the notice, the estate administrator shall investigate the assets and liabilities of the estate. Within 30 days after receiving the notice required by this subsection, the estate administrator shall either:
Give written authorization to the creditor to file an affidavit by the creditor under ORS 114.515 (Small estate affidavit); or
Inform the creditor that the Department will file an affidavit as claiming successor under ORS 114.515 (Small estate affidavit).
If a decedent dies intestate and without heirs, a creditor of an estate who is a claiming successor and who files an affidavit under ORS 114.515 (Small estate affidavit) must notate at the top of the affidavit that the affidavit is being filed by a creditor of the estate. If the affidavit contains the notation required by this subsection, the clerk of the probate court may not accept the affidavit for filing unless there is attached to the affidavit written authorization for the filing of the affidavit by the creditor from an estate administrator. The written authorization may be a copy of a memorandum of an interagency agreement between the Department of State Lands and another state agency.