Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney in Oregon for guidance on your specific situation.
Detailed Answer
In Oregon, a wrongful death claim survives the decedent and proceeds pass through the decedent’s estate. The decedent’s personal representative (often the probate executor) holds and distributes proceeds under Oregon’s wrongful death statutes. Here’s how the process generally works:
1. Appointment of Personal Representative
Under ORS 30.020, the court appoints a personal representative to administer the estate. The representative gathers assets, pays debts, and distributes net proceeds.
2. Priority of Distribution
Oregon Revised Statutes outlines distribution order in ORS 30.060 (Rules of distribution). Follow these steps:
- If the decedent leaves a surviving spouse and children, the spouse and children share equally per capita.
- If there is a spouse but no children, the spouse receives the entire wrongful death award.
- If there are children but no spouse, the award divides equally among the children.
- If there is no spouse or child, the award passes to parents equally. If one parent is deceased, the surviving parent receives the entire amount.
- If no spouse, children, or parents, siblings inherit per stirpes (by branch of the family).
Refer to ORS 30.060 for the full statutory hierarchy: ORS 30.060.
3. Calculating Shares
Count the number of shares based on qualifying heirs. For per capita distribution, each heir at the same generational level receives an equal share. For per stirpes distribution, assign shares at the first level and reallocate a deceased heir’s share to their descendants.
4. Filing and Court Approval
Once the representative proposes a distribution plan, the court reviews it. The court issues an order approving distribution if it complies with ORS 30.060 and related probate rules. The representative then disburses funds to the heirs.
Helpful Hints
- Keep a detailed family tree to verify heir relationships.
- Gather death certificates, marriage certificates, and birth certificates for all heirs.
- Consult ORS 30.020 and ORS 30.060 online at the Oregon Legislature website.
- Work closely with the probate court clerk to ensure timely filings.
- Consider mediation if heirs dispute their shares before court approval.