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Oregon Revised Statutes

Or. Rev. Stat. § 114.215 (2026)

Devolution of and title to property; custody of pets

✓ current as of May 2026
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      114.215 Devolution of and title to property; custody of pets. (1) Upon the death of a decedent, title to the property of the decedent vests:

      (a) In the absence of testamentary disposition, in the heirs of the decedent, subject to support of spouse and children, rights of creditors, administration and sale by the personal representative or affiant as defined in ORS 114.505; or

      (b) In the persons to whom it is devised by the will of the decedent, subject to support of spouse and children, rights of creditors, right of the surviving spouse to elect against the will, administration and sale by the personal representative or affiant as defined in ORS 114.505.

      (2) The power of a person to leave property by will, and the rights of creditors, devisees and heirs to the property of the person, are subject to the restrictions and limitations expressed or implicit in ORS chapters 111, 112, 113, 114, 115, 116 and 117 to facilitate the prompt settlement of estates.

      (3) Any animal of a value of less than $2,500 that belonged to the decedent and that was kept by the decedent as a pet need not be listed on the inventory of the estate. Any family member of the decedent, friend of the decedent or animal shelter may take custody of the animal immediately upon the death of the decedent. A family member, friend or animal shelter that takes custody of an animal under this subsection is entitled to payment from the estate for the cost of caring for the animal. A family member, friend or animal shelter that takes custody of an animal under this subsection shall deliver the animal to the personal representative for the decedent, or to any heir or devisee entitled to possession of the animal, upon request of the personal representative, heir or devisee. [1969 c.591 §120; 1999 c.675 §1; 2019 c.165 §21]

 

      114.220 [Repealed by 1969 c.591 §305]

Notes of Decisions
Cited in 14 cases, 1973–2020 · leading case: In Re Complaint as to the Conduct of Howard, 743 P.2d 719 (Or. 1987).
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In Re Complaint as to the Conduct of Howard, 743 P.2d 719 (Or. 1987). · cites it 6× “ORS 114.215. As personal representative, he was charged with managing and preserving O'Keefe's estate.”
Est. of Hendrickson v. Warburton, 557 P.2d 224 (Or. 1976). · cites it 8× “1 Plaintiff responds with the contention that the deed sought to be set aside was void because the decedent was incompetent and that in such cases title to the property was in the decedent at the time of his death and the personal representative of his estate had power to bring…”
In Re Complaint as to the Conduct of Coe, 731 P.2d 1028 (Or. 1987). · cites it 2× “See ORS 114.215(2), providing that the title to Edith Matney’s realty vested on her death in David as devisee.”
Anderson v. Dep't of Just., 588 P.2d 1295 (Or. Ct. App. 1979). “Vaughn held an assignable interest in the distributive share of the estate funds because his right thereto had vested under ORS 114.215(l)(a). An assignment may be oral or written and no special form is necessary provided that the transfer is clearly intended as a present…”
Fleenor v. Williamson, 17 P.3d 520 (Or. Ct. App. 2000). “ORS 114.215(1); see also Hendrickson v. Warburton, 276 Or 989, 992 , 557 P2d 224 *608 (1976).”
West v. White, 766 P.2d 383 (Or. 1988). “He stated that abolishing the distinction between real and personal property is “significant with respect to intestate succession, ORS 114.215, and the administration of the estate during probate.”
West v. White, 758 P.2d 424 (Or. Ct. App. 1988). “2 That is significant with respect to intestate succession, ORS 114.215, and the administration of the estate during probate.”
Helgesson v. Est. of Frank, 521 P.2d 16 (Or. Ct. App. 1974). “” ORS 114.215 (1) (b). Commenting on the 1969 probate code, Professor Mapp states that “the ultimate result of the exercised power of sale is to shift the rights of interested persons from specific property to proceeds of sale, perhaps to be supplemented by the personal…”
Barber v. Dep't of Revenue, 5 Or. Tax 342 (Or. T.C. 1973). “ORS 114.215; In re Estate, of Moore, 190 Or 63, 75 , 223 P2d 393 (1950).”
Veberes v. Phillips, 542 P.2d 928 (Or. Ct. App. 1975). · cites it 2× “The fee interest of the heirs was vested under ORS 114.215(1) (a), but was subject to the right of possession in the personal representative until distribution of the estate.”
Ledford v. Yonkers, 562 P.2d 970 (Or. 1977). “Warburton, 276 Or 989 , 557 P2d 224 (1976), we considered this same contention and, after reviewing our previous decisions, as well as the provisions of the 1969 Oregon Probate Code (ORS 114.215, 114.225 and 114.305(19)) and its legislative history, held (at 996): "It is clear…”
Credit Assocs., Inc. v. Blevins (Bankr. D. Or. 2020). “66 The affiant may convey estate property before the end of the four-month period if each heir or devisee succeeding to the interest conveyed joins in the conveyance and any proceeds of 60 ORS 114.215(1) (2017). 61 ORS 114.545(3) (2017).”
Show all 14 citing cases →
— Or. Rev. Stat. § 114.215(1) — 5 cases
In Re Complaint as to the Conduct of Howard, 743 P.2d 719 (Or. 1987). “ORS 114.215. As personal representative, he was charged with managing and preserving O'Keefe's estate.”
Fleenor v. Williamson, 17 P.3d 520 (Or. Ct. App. 2000). “ORS 114.215(1); see also Hendrickson v. Warburton, 276 Or 989, 992 , 557 P2d 224 *608 (1976).”
Est. of Hendrickson v. Warburton, 557 P.2d 224 (Or. 1976). “1 Plaintiff responds with the contention that the deed sought to be set aside was void because the decedent was incompetent and that in such cases title to the property was in the decedent at the time of his death and the personal representative of his estate had power to bring…”
Veberes v. Phillips, 542 P.2d 928 (Or. Ct. App. 1975). “The fee interest of the heirs was vested under ORS 114.215(1) (a), but was subject to the right of possession in the personal representative until distribution of the estate.”
Credit Assocs., Inc. v. Blevins (Bankr. D. Or. 2020). “66 The affiant may convey estate property before the end of the four-month period if each heir or devisee succeeding to the interest conveyed joins in the conveyance and any proceeds of 60 ORS 114.215(1) (2017). 61 ORS 114.545(3) (2017).”
— Or. Rev. Stat. § 114.215(1)(a) — 1 case
Veberes v. Phillips, 542 P.2d 928 (Or. Ct. App. 1975). “The fee interest of the heirs was vested under ORS 114.215(1) (a), but was subject to the right of possession in the personal representative until distribution of the estate.”
— Or. Rev. Stat. § 114.215(2) — 1 case
In Re Complaint as to the Conduct of Coe, 731 P.2d 1028 (Or. 1987). “See ORS 114.215(2), providing that the title to Edith Matney’s realty vested on her death in David as devisee.”
— Or. Rev. Stat. § 114.215(l)(a) — 1 case
Anderson v. Dep't of Just., 588 P.2d 1295 (Or. Ct. App. 1979). “Vaughn held an assignable interest in the distributive share of the estate funds because his right thereto had vested under ORS 114.215(l)(a). An assignment may be oral or written and no special form is necessary provided that the transfer is clearly intended as a present…”
— Or. Rev. Stat. § 114.215(l)(b) — 1 case
In Re Complaint as to the Conduct of Coe, 731 P.2d 1028 (Or. 1987). “See ORS 114.215(2), providing that the title to Edith Matney’s realty vested on her death in David as devisee.”
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