When someone dies without a valid will (intestate) in Oregon, state law in Chapter 112 of the Oregon Revised Statutes (ORS) determines who can inherit the estate. To identify your fathers heirs, gather family documents and follow the intestate succession hierarchy below.
Detailed Answer
- Spouse and Children: If your father was married at his death, his surviving spouse and any children share under ORS 112.035 and ORS 112.045. The spouse receives a fixed share; remaining assets divide equally among the children.
- No Spouse or Children: If there is no surviving spouse or descendants, parents and siblings inherit under ORS 112.055. Each parent gets half; if one parent is deceased, siblings share that parents half.
- More Distant Relatives: Absent immediate family, grandparents, aunts, uncles, nieces, and nephews inherit per ORS 112.065.
- No Heirs: If no eligible relatives exist, the estate escheats to Oregon under ORS 112.115.
After mapping potential heirs, file a petition for determination of heirs with the probate court in the county where your father resided. The court will issue an order naming heirs and their shares.
Helpful Hints
- Gather official documents: birth certificates, marriage records, death certificates, and adoption papers.
- Create a family tree to visualize relationships and potential heirs.
- Check for any previous wills or codicils that could supersede intestate rules.
- Contact the probate clerk early to learn about required forms and filing deadlines.
- Consider consulting a probate attorney if the estate is large or family relationships are complex.
Disclaimer: This article is for informational purposes under Oregon law and does not constitute legal advice. Consult a licensed attorney for guidance tailored to your situation.