Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
When a person dies without a will (intestate) in Oregon, the probate court appoints an administrator to manage the estate. A potential heir may petition to serve as administrator by following these steps under ORS Chapter 113:
- Confirm heir status and priority. Oregon law sets a priority list for who may serve as administrator (ORS 113.085): surviving spouse; children; parents; siblings; and more distant relatives. Ensure you qualify under one of these categories.
- File a petition. Submit a Petition for Appointment of Personal Representative in the probate court of the county where the decedent lived. The petition must state your relationship to the decedent, list all heirs, and estimate estate assets (ORS 113.035).
- Secure a bond if required. Administrators typically post a bond to protect the estate against loss (ORS 116.065). The court may waive this for close family members.
- Notify creditors. Publish a notice to creditors in a local newspaper and mail notice to known creditors. Creditors then have a statutory period (usually four months) to file claims (ORS 115.065).
- Attend the hearing. The court holds a hearing. If no valid objections arise and you meet statutory requirements, the judge issues Letters of Administration, formally appointing you as administrator (ORS 113.045).
After appointment, the administrator gathers assets, pays debts and taxes, and distributes any remaining property to heirs under Oregon’s intestacy rules (ORS Chapter 113).
Helpful Hints
- Collect key documents: the death certificate, birth certificates, marriage certificates, and proof of relationship to the decedent.
- Review ORS 113.085 before filing to confirm your eligibility and priority.
- Contact the probate court clerk for local forms, filing fees, and hearing schedules.
- Keep detailed records of all estate transactions, including receipts and disbursements.
- Consider consulting a probate attorney if the estate has complex assets or if disputes among heirs arise.