1. (1) General: If the winner of a Lottery game dies before claiming his or her prize, the decedent's claim may be presented and validated as provided in this rule within any applicable deadlines for claiming the prize. If a prize winner dies after the prize has been claimed and validated, but before the prize has been entirely paid (such as an annuity prize payment), the remaining prize amount may be paid to the parties listed on a beneficiary designation form, if one is on file, or to the estate of the deceased prize winner as provided in this rule, unless a rule specific to that prize provides otherwise. The Director may rely on the presentment of certified copies of the court’s appointment of a personal representative, the death certificate for the deceased prize winner, or other evidence of person(s) entitled to payment of the decedent's prize winnings and may make payment to the estate of the deceased winner once the Director is satisfied that such payment is lawful and proper.
2. (2) Release Form: For a deceased prize winner, the personal representative of the winner’s estate, or all the parties listed on a beneficiary designation form if one is on file, must sign the Lottery’s release form before payment of the prize or any remaining portions of the prize.
3. (3) Court Petition: The Director reserves the right to petition any court of competent jurisdiction to determine the proper payment of any prize winnings due to a deceased prize winner.
4. (4) Any amounts held in a player account upon the death of a player may be withdrawn by the estate of the player, a trust established by the player or other heirs or devisees of the player, in accord with the procedures established by the entity holding the account for the withdrawal of amounts held in the account of a decedent.

Statutory/Other Authority

Or Const, Art XV, § 4(4)(a), ORS 461.120, 461.130, 461.150, 461.250, 461.260, 461.400 & 461.440

Statutes/Other Implemented

Or Const, Art XV, § 4(4), ORS 461.020, 461.210, 461.220, 461.230, ORS 461.120, 461.130, 461.150, 461.250, 461.260, 461.400 & 461.440

History

LOTT 1-2024, amend filed 12/20/2024, effective 03/01/2025
LOTT 6-2022, amend filed 06/03/2022, effective 06/15/2022
LOTT 20-2021, temporary amend filed 12/17/2021, effective 12/17/2021 through 06/14/2022
LOTT 1-2020, amend filed 03/20/2020, effective 03/29/2020
LOTT 2-2019, temporary amend filed 10/01/2019, effective 10/01/2019 through 03/28/2020
LOTT 5-2018, minor correction filed 05/17/2018, effective 05/17/2018
LOTT 2-2018, amend filed 03/29/2018, effective 04/02/2018
LOTT 5-2008, f. 6-30-08, cert. ef. 7-1-08
LOTT 23-2002, f. & cert. ef. 11-25-02
LOTT 12-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03