Detailed answer — step-by-step guide under Oregon law

This answer explains the practical steps to purchase your siblings’ interests in a parent’s house and avoid a court-ordered sale through probate when possible. This is an educational overview only and not legal advice. Laws and forms change; consult a licensed Oregon attorney or title company before you sign anything.

1. Confirm how title is held

First, determine how the property is titled. Get a copy of the recorded deed from the county recorder or a title search. Common scenarios:

• Joint tenants with right of survivorship: the surviving joint owner(s) take full title automatically at death (may avoid probate).
• Tenants in common or titled solely in the decedent’s name: the decedent’s share usually passes through probate or by whatever transfer device the decedent used (will, beneficiary deed, etc.).

If the title already passes outside probate (for example, proper joint tenancy or an effective beneficiary designation), you may need to follow recording steps rather than a probate sale.

2. Determine whether probate administration is required

If the decedent owned the house outright and it does not pass automatically by title features, the estate may require probate administration. Oregon probate rules and procedures are covered by the Oregon courts and the Oregon Revised Statutes (ORS). See general probate resources: Oregon Judicial Department — Probate and the ORS pages: Oregon Revised Statutes (ORS).

3. Figure out each heir’s legal share

If there is a valid will, it governs distribution subject to court supervision. If there is no will, Oregon’s intestate succession rules determine shares. Before negotiating a buyout, know each person’s legal interest so you can make a fair offer or structure a settlement. For details on intestacy and probate transfer rules, consult the ORS and probate resources above.

4. Get an accurate market value

Order a professional appraisal or broker price opinion. A reliable valuation supports a fair buyout number and strengthens any mortgage or refinancing needed to fund the purchase.

5. Negotiate terms and document the buyout

Common paths to accomplish a buyout:

• Purchase agreement: You (the buyer) and each sibling (the sellers) sign a purchase-and-sale agreement specifying price, closing date, and contingencies.
• Settlement among heirs: The group can sign a written settlement allocating the property to you in exchange for cash or other assets to the siblings. If the property is part of a probate estate, the personal representative may need to approve and/or present the proposed settlement to the court.
• Refinance or new financing: You may refinance the existing mortgage (if any) or obtain a new mortgage to fund the buyout. Lenders usually require clear title and a recorded deed transfer at closing.

Have the agreement reviewed by an Oregon real estate or probate attorney. If the property is in probate, the personal representative or the court may need to approve the transaction.

6. Complete transfer documents and record the deed

At closing you will record the deed transferring title from the sellers (your siblings or the estate) to you. A title company or closing attorney typically prepares the deed (warranty deed or quitclaim deed depending on circumstances), coordinates payment, obtains title insurance (recommended), and records the deed in the county records.

7. Address probate- or estate-specific requirements

If the property is subject to probate:

• The personal representative named in the will (or appointed by court) has fiduciary duties and generally controls disposition of estate real property. The representative must follow court rules for selling or transferring property unless the heirs reach a binding settlement approved by the court.
• In smaller estates, some non-court transfer options or simpler procedures may exist. The Oregon Judicial Department explains small-estate procedures and forms.

If an heir objects and a voluntary agreement is not possible, any co-owner can ask a court to partition the property (which can result in sale). That risk underscores the value of a clear, documented agreement.

8. Consider tax and mortgage consequences

Buying out siblings can have tax consequences (capital gains basis, gift tax if price is below fair market value, possible mortgage issues). Consult an accountant or tax advisor about stepped-up basis, gift implications, and recording fees. Also verify whether the mortgage has a due-on-sale clause that could impact transfer.

9. Use professionals

Essential professionals include:

• Oregon probate or real estate attorney to draft/approve agreements and advise on court involvement.
• Title company to clear title, issue title insurance, and record deeds.
• Appraiser to determine fair market value.
• Lender or mortgage broker if you need financing.

Helpful hints

• Get a certified copy of the death certificate early — most transactions require it.
• Order a title search before making an offer to identify liens, encumbrances, or co-owners.
• Use an appraisal rather than relying solely on a broker’s estimate when family equity and tax consequences matter.
• If you cannot pay cash, present a clear financing plan to the other heirs so they accept your offer in good faith.
• Document everything in writing: offers, counter-offers, settlement agreements, and releases to avoid future disputes.
• If the house has a mortgage, speak with the lender about assumptions, refinance options, and any due-on-sale risks.
• Check local county recording requirements and fees before closing. Recording rules vary by county.
• If an heir refuses a reasonable buyout, ask your attorney about mediation or settlement conference before litigation. Litigation (partition suits) is often costly and reduces net value for everyone.
• Keep communications professional and transparent. A mediated family agreement is cheaper and faster than probate litigation.