Detailed Answer
When someone dies without a will in Oregon and leaves no spouse but two children, Oregon’s intestate succession laws determine how the estate distributes. Oregon Revised Statutes define intestate succession under ORS 112.015. In this scenario, the entire estate passes to the surviving children in equal shares by right of representation.
Intestate Succession under Oregon Law
Under ORS 112.015, if the decedent has no surviving spouse but has one or more children, those children inherit the entire estate. The court distributes assets per stirpes, meaning each branch of the family receives an equal share.
Appointment of a Personal Representative
The court appoints an administrator (also called a personal representative) to manage the estate. You file a petition in the county where the decedent lived. The administrator collects assets, pays debts and taxes, and distributes remaining property. See ORS 113.025.
Per Stirpes Distribution
Per stirpes distribution ensures that if one child predeceases the decedent, that child’s descendants inherit that child’s share equally. For example, if Child A predeceases but has two children, those grandchildren split Child A’s one-half share equally.
Example Scenario
Suppose the estate totals $100,000 and the decedent leaves two surviving children, Child A and Child B. Each child inherits $50,000. If Child A had passed away leaving two children, those grandchildren would each receive $25,000, and Child B would receive $50,000.
Helpful Hints
- Gather documentation such as the death certificate and a list of assets.
- File an intestate probate petition in the appropriate county court.
- Provide notice to creditors and beneficiaries as required under ORS 115.005.
- Keep detailed records of all estate transactions and communications.
- Consider consulting a probate attorney if the estate involves complex assets or disputes.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Oregon for advice tailored to your situation.