Detailed Answer

1. What does it mean that your sister died “without a will” in Oregon?

When someone dies without a valid will, the estate is “intestate.” Oregon’s intestacy rules determine who inherits and in what share. The person appointed by the court to handle the estate is commonly called the personal representative (sometimes called an administrator). For an overview of Oregon’s intestate succession rules, see the Oregon Revised Statutes, Chapter 113: ORS Chapter 113 (Intestate Succession).

2. Who can be appointed first?

Oregon law gives priority to particular relatives when appointing a personal representative. Typically the court will look first to a surviving spouse, then children, parents, and then siblings. If no higher-priority person petitions, a sibling may be appointed. The court follows the priority rules in ORS Chapter 113 (see link above).

3. Do you need to be eligible to serve?

To serve, you generally must be an adult with legal capacity. The court will also review whether any disqualifying factors exist (for example, conflicts of interest, criminal convictions that the court considers relevant, or incapacity). If you are appointed, the court may require a bond unless the heirs agree to waive it or the court dispenses with it.

4. Step-by-step process to ask the court to appoint you as personal representative

1. Confirm domicile and whether a will exists. Confirm your sister’s last residence (where the probate petition must be filed) and search for a will. Notify the probate court if you find no will.
2. Decide whether probate is necessary. Some assets pass outside probate (joint accounts, payable-on-death accounts, life insurance with a beneficiary, community property transfer procedures, etc.). If the estate is simple or small, Oregon courts provide forms and may offer simplified procedures. Check the Oregon Judicial Department (OJD) probate information and forms: OJD — Probate and OJD — Probate Forms.
3. Prepare the petition to appoint a personal representative. File a Petition for Appointment of Personal Representative (probate petition) in the circuit court of the county where your sister lived. The petition asks the court to name you as personal representative. Typical attachments include a certified copy of the death certificate and a list of heirs and their addresses.
4. Provide notice required by law. Oregon law requires notice to interested persons (heirs and sometimes creditors). The court clerk will tell you the notice steps and timelines. The court usually sets a hearing date.
5. Attend the hearing. At the hearing the judge considers whether to appoint you. If someone objects or another person with higher priority files to serve, the court resolves disputes based on statutory priority, evidence of fitness, and any competing claims.
6. Take letters of appointment. If the court appoints you, it will issue letters testamentary or letters of administration (often called Letters of Personal Representative). These documents give you authority to act for the estate (collect assets, pay debts, and distribute property according to intestacy rules).

5. What the court expects the personal representative to do

Once appointed, your duties typically include:

• Inventorying and safeguarding estate assets.
• Notifying creditors and paying valid claims (Oregon has statutory procedures for creditor claims).
• Filing necessary tax returns and paying taxes.
• Distributing remaining assets to heirs according to Oregon intestacy law.
• Filing accountings and closing the estate with the court when the work is done.

For general probate procedures and forms in Oregon, see the OJD probate pages: https://www.courts.oregon.gov/programs/probate/pages/default.aspx.

6. Timelines and contested appointment

Timelines vary by county and complexity. If another person with equal or higher priority objects, the court will hold a contested hearing to decide. If the estate has substantial assets, unresolved creditors, out-of-state property, or litigation, consider consulting an attorney experienced in Oregon probate.

7. Practical considerations when you are a sibling petitioning to serve

• If the decedent had a surviving spouse or children, they typically have priority over siblings. If none exist, siblings can be appointed.
• If there are multiple siblings who want to serve, the court may choose or the siblings can agree among themselves and present a joint request.
• Keep careful records of estate transactions and communications with heirs and creditors.

8. Helpful legal resources and statutes

Key Oregon resources:

• Oregon Revised Statutes — Intestate Succession (general rules on who inherits): ORS Chapter 113.
• Oregon Revised Statutes — General probate procedure chapters (see the ORS site for related chapters on probate practice): ORS Chapter 111.
• Oregon Judicial Department — Probate information and court forms: OJD Probate Pages and OJD Probate Forms.

Helpful Hints

• Search thoroughly for a will before filing. Check the decedent’s home, safe deposit box, attorney files, and recent email or cloud storage.
• Get multiple certified copies of the death certificate early — banks and government agencies will request them.
• Contact the circuit court clerk in the county where your sister lived to ask which probate forms and local procedures apply. Local clerk staff can often tell you what forms to file and basic filing fees.
• Gather documents: title to real estate, bank statements, beneficiary designations, life insurance policies, recent tax returns, and a list of known creditors.
• If other heirs disagree, consider mediation or consult a probate attorney — disputes can delay administration and increase costs.
• If the estate seems small or consists only of consumer accounts, ask the court clerk about simplified procedures to avoid full probate.
• Keep an organized file of every transaction and communication. Courts expect an accounting if asked.