112.049 Petition for forfeiture of parent’s share

(1) A petition may be filed in probate proceedings to assert that the intestate share of a parent of a decedent is subject to forfeiture under ORS 112.047 (Forfeiture of parent’s share by reason of termination of parental rights or desertion or neglect) . A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent’s share.

(2) A petition under this section must be filed not later than:

(a) Four months after the date of delivery or mailing of the information described in ORS 113.145 (Information to devisees, heirs, interested persons, Department of Human Services and Oregon Health Authority) if that information was required to be delivered or mailed to the person on whose behalf the petition is filed; or

(b) If the person on whose behalf the petition is filed was not required to be named as an interested person in the petition for appointment of a personal representative:

(A) Four months after the date of publication of notice to interested persons; or

(B) If notice to interested persons was not published, one year after the decedent’s date of death.

(3) The petitioner has the burden of proving the facts alleged in a petition filed under this section by:

(a) If the petitioner is a child or sibling of the decedent, a preponderance of evidence; or

(b) If the petitioner is not a child or sibling of the decedent, clear and convincing evidence. [2005 c.741 §3; 2019 c.461 §5; 2023 c.18 §4]

Note: Section 11, chapter 18, Oregon Laws 2023, provides:

Sec. 11. The amendments to statutes by sections 1 to 10 of this 2023 Act apply to probate proceedings commenced on or after the effective date of this 2023 Act [January 1, 2024]. [2023 c.18 §11]

Source: Section 112.049 — Petition for forfeiture of parent’s share , https://www.­oregonlegislature.­gov/bills_laws/ors/ors112.­html (accessed May 26, 2025).