Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Oregon attorney before taking action.
Detailed Answer
When a homeowner dies without a will in Oregon, their property passes to heirs under Oregon’s intestate succession laws (ORS Chapter 112). If multiple heirs exist, title to the home must transfer through probate or an equivalent court process. Below are the main steps:
1. Open Probate
• File a petition with the county circuit court where the decedent lived. The court appoints a personal representative (often called an administrator).
• Probate procedures and deadlines: see ORS 114.005–114.325 (https://www.oregonlegislature.gov/bills_laws/ors/Pages/ors114.aspx).
2. Identify and Locate Heirs
• Under ORS 112.005–112.725 (https://www.oregonlegislature.gov/bills_laws/ors/Pages/ors112.aspx), determine priority: spouses, children, parents, siblings, etc.
• If only children survive, they inherit in equal shares.
3. Inventory and Appraise the Home
• The administrator must inventory assets, including real property, and have a licensed appraiser set a fair market value.
• This establishes estate value and any tax implications.
4. Obtain Court Approval to Transfer Title
• After creditors and taxes are paid, the court issues an order distributing property to heirs.
• Heirs receive a court order or decree of distribution.
5. Prepare and Record the Deed
• All heirs must sign a new deed (often a quitclaim deed) transferring title from the estate to themselves or a designated heir.
• File the deed with the county recorder’s office in the county where the property sits.
6. Alternatives for Small Estates
If the home’s equity is low and the total estate value qualifies, heirs may use a small estate affidavit for personal property, but Oregon does not generally allow real property transfers via affidavit. Confirm with the court clerk.
Helpful Hints
- Keep heirs informed: Good communication avoids disputes.
- Get multiple appraisals: Ensure an accurate home value.
- Check for liens: Title searches reveal mortgages or judgments.
- Consider joint tenancy: In future planning, joint tenancy avoids probate.
- Hire a probate attorney: Even simple cases can have complex rules.