Overview — Serving as administrator when someone dies without a will in Oregon

Disclaimer: This is general information, not legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed Oregon attorney or the court.

Detailed Answer — Step-by-step guide under Oregon law

If your mother died without a will (intestate) and you want to serve as the estate’s administrator (often called the personal representative), you will need to ask the county circuit court to appoint you. Below are the common steps and what to expect under Oregon practice, with links to official court resources.

1. Decide whether probate is necessary

Not every estate requires formal probate. Some assets pass by beneficiary designation, joint ownership, or by a small‑estate procedure. Start by listing all assets (bank accounts, vehicles, real estate, retirement accounts, life insurance, personal property) and their ownership/beneficiary status.

For Oregon court guidance and forms, see the Oregon Judicial Department (OJD) probate pages: OJD — Probate and the Probate Forms page: OJD Probate Forms.

2. Who can be appointed?

Court appointment generally follows a priority of interested persons. Close relatives (spouse, adult children, parents, siblings) commonly have priority. If multiple people seek appointment, the court decides based on priority and fitness to serve.

3. Prepare required documents

Typical documents you will need to prepare and file in the county where your mother lived:

• Petition for Appointment of Personal Representative (sometimes called Petition for Administration)
• Death certificate (certified copy)
• Oath and bond form (if a bond is required)
• Notices to heirs and potential creditors

Use the Probate Forms page on the OJD site to find local or statewide forms: OJD Probate Forms.

4. File the petition in the correct county circuit court

File the petition and supporting documents in the county circuit court where your mother was domiciled when she died. There is a filing fee; if you cannot afford it, you may ask the court to waive fees. Use the court directory to find the right court and contact information: Oregon Circuit Court Directory.

5. Notice, bond, and hearing

After you file, the court will require notice to all heirs and to known creditors. The court may also require you to post a bond to protect estate creditors and heirs; sometimes heirs can waive the bond. The court will schedule a hearing or may grant the petition without a hearing if no one objects.

6. Letters of Administration and duties

If the court appoints you, it will issue documents (often called Letters of Administration or Letters of Personal Representative) that give you authority to manage estate assets. Your duties will typically include:

• Protecting and inventorying estate assets
• Notifying creditors and paying valid debts
• Filing any required tax returns
• Distributing remaining assets to heirs according to Oregon intestacy rules
• Filing an accounting with the court if required

Oregon’s court pages outline these duties and the probate process in more detail: OJD — Probate.

7. How heirs are chosen and distributions

When there is no will, Oregon’s intestacy laws determine who inherits and in what shares. The court follows those rules when you distribute estate property. For the authoritative source of state law, search the Oregon Revised Statutes (ORS) via the legislature’s website: Oregon Revised Statutes (ORS). The OJD pages also explain practical application of intestate succession.

8. When a probate is contested or complicated

If someone objects to your appointment, disputes exist about heirs, assets are difficult to locate, or the estate has tax complications, a contested probate may follow. In such cases, consider getting an attorney experienced in Oregon probate to protect your interests and comply with procedural requirements.

Helpful Hints

• Gather the basics first: certified death certificate(s), bank statements, titles, account statements, insurance policies, and a list of likely heirs.
• Contact the county court clerk early to learn local filing requirements, fees, and whether they offer probate checklists or packet forms.
• Check for payable‑on‑death and transfer‑on‑death designations and joint accounts—those often avoid probate.
• Look for a small‑estate process or simplified procedures on the OJD site before filing a full probate if the estate appears small.
• Keep careful records of all transactions you perform as the administrator—these records protect you and make final accounting easier.
• If you expect conflicts among heirs, consider asking the court for guidance early or consulting an attorney to reduce risk of personal liability.
• Use official forms from OJD where available. They are designed to meet Oregon court requirements and reduce errors.
• If you cannot afford the filing fees, ask the court clerk about fee waiver or deferral options for appointment proceedings.

Where to get official information and forms

• Oregon Judicial Department — Probate program: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx
• OJD Probate Forms: https://www.courts.oregon.gov/programs/probate/Pages/forms.aspx
• Oregon Circuit Court Directory: https://www.courts.oregon.gov/courts/circuit/pages/court-directory.aspx
• Oregon Revised Statutes (searchable): https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx

If you want, tell me the county where your mother lived and a brief list of the main assets you know about (no personal identifiers), and I can outline the specific forms and likely next steps for that county.