Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific legal concerns.

Overview of Intestate Succession in Oregon

When a person dies without a valid will in Oregon, the estate passes to heirs under the state’s intestate succession laws. These rules appear in the Oregon Revised Statutes (ORS) Chapter 112. They determine who inherits and in what proportions when no spouse or will exists.

Intestate Succession Without a Spouse

Under ORS 112.035, if a decedent leaves no surviving spouse but has surviving children (descendants), the entire probate estate passes to those children. The statute reads: “If there is no surviving spouse, the intestate estate passes in equal shares to the descendants” of the decedent. (ORS 112.035).

Division of Assets Among Three Children

When three children survive the decedent, each child inherits an equal share of the probate estate. In practical terms, the estate’s total value (after debts and expenses) is divided into three equal parts, and each child receives one part.

Example Calculation

If the decedent’s estate is worth $300,000 after paying final expenses and creditor claims, each of the three children would receive:

• $300,000 ÷ 3 = $100,000 per child

Steps to Open Probate in Oregon

1. File a Petition for Probate in the county where the decedent lived.
2. Submit the decedent’s death certificate and a list of assets.
3. Appoint a personal representative (administrator) if none was named by court.
4. Notify heirs and creditors as required by ORS 112.155 and ORS 112.235.
5. Distribute assets according to ORS 112.035 once liabilities clear.

When to Consult an Attorney

Probate and intestate succession can become complex if assets include real estate, businesses, or out-of-state property. An attorney can help you:

• Interpret statutory requirements.
• Prepare and file probate petitions.
• Resolve disputes among heirs.

Helpful Hints

• Gather all asset documentation (bank statements, deeds, titles) early.
• Confirm the value of real property with a professional appraisal.
• Provide clear contact information for all heirs to the court.
• Keep copies of all filings and court notices throughout probate.
• Ask the court about simplified probate options for smaller estates.
• Check ORS Chapter 112 online for the latest statutory language.