Disclaimer: This article is for informational purposes and does not constitute legal advice. For guidance tailored to your situation, consult a qualified Oregon attorney.
Detailed Answer
When someone dies without a valid will in Oregon, their estate passes through intestate succession under ORS Chapter 112. Intestate succession dictates who inherits and in what share. The process involves two main phases: estate administration and asset distribution.
1. Appointment of an Administrator
The court appoints an estate administrator (sometimes called a personal representative) to manage the estate. Under ORS 112.115, the administrator gathers assets, pays valid debts and taxes, and handles court filings.
2. Identifying Heirs and Distribution Order
Oregon law ranks potential heirs in a strict order. The administrator references ORS 112.025 to locate relatives in this sequence:
- Spouse (or registered domestic partner) and children
- Parents
- Siblings and their descendants
- Grandparents
- Aunts, uncles and cousins
- The State of Oregon (if no heirs are found)
3. Determining Each Heir’s Share
The share each heir receives depends on who survives the decedent. For example, under ORS 112.045:
- If the decedent is survived by a spouse and no children, the spouse inherits everything.
- If survived by a spouse and one child, the spouse receives the first $75,000 plus half of the remaining estate; the child receives the rest.
- If survived by a spouse and multiple children, the spouse gets the first $75,000 plus one‐third of the balance; children split the remainder equally.
4. Paying Debts, Taxes and Expenses
Before distribution, the administrator must pay valid claims, funeral costs and estate taxes. Oregon law requires prompt notice to creditors and sets deadlines for filing claims.
5. Closing the Estate
Once debts and distributions are complete, the administrator files a final accounting with the probate court. When approved, the court issues an order closing the estate.
Helpful Hints
- Gather a family tree to identify all potential heirs.
- Compile a complete list of assets (bank accounts, real estate, personal property).
- Notify known creditors promptly to avoid unexpected claims later.
- Consider mediation or family meetings to resolve disputes before court intervention.
- Keep detailed records and receipts for all estate transactions.
- Consult an Oregon probate attorney for complex estates or contested cases.