How to claim an intestate share of a parent’s estate in Oregon — FAQ

Short answer: If your mother died without a will in Oregon, you must first confirm you are an heir under Oregon’s intestacy laws, then use either the probate process or a small‑estate procedure to receive any assets that must pass through the estate. The exact steps depend on what assets exist, whether there is a surviving spouse or other heirs, and whether the estate must go through formal probate.

This is general information and not legal advice. Consult an Oregon probate attorney or the probate court clerk for advice about your specific situation.

Detailed answer — step‑by‑step under Oregon law

1. Confirm intestacy and who the legal heirs are

When someone dies without a valid will, Oregon’s intestate succession rules determine who inherits. These rules are in the Oregon Revised Statutes, Chapter 112 (Intestate Succession). See: ORS Chapter 112.

Broadly speaking, intestacy follows a priority order (spouse, children, parents, siblings, more distant relatives). Which relatives inherit and in what proportion depends on which relatives survive the decedent and their relationship to the decedent. If you believe you are a child or other heir, gather documents that show your relationship (birth certificate, adoption records, family records).

2. Identify assets and check for non‑probate transfers

Not all assets must pass through probate. Common non‑probate transfers include:

• Assets with named beneficiaries (life insurance, IRAs, 401(k)s)
• Property owned jointly with rights of survivorship
• Assets that have transfer‑on‑death (TOD) or payable‑on‑death (POD) designations

If assets have valid beneficiary designations or are jointly owned, you claim those separately by presenting a certified death certificate and the required paperwork to the plan administrator, bank, or institution.

3. Decide whether formal probate is required or a small‑estate procedure will work

If the decedent owned real property in her name, or if there are significant assets held solely in her name, the estate will often require probate administration through the county Circuit Court. Oregon’s probate procedures are in ORS Chapter 114. See: ORS Chapter 114 and general probate information at the Oregon Judicial Department: OJD — Probate.

For smaller estates, Oregon provides simplified procedures (for example, small‑estate affidavits or simplified administration) that allow certain personal property to be claimed without full probate. Whether you qualify depends on the type and value of the property and the presence of other creditors. Ask the probate clerk in the county where your mother lived for current procedures and forms.

4. If probate is needed: open a probate case and get appointed as (or work with) the personal representative

Typical steps when formal probate is required:

1. File a petition in the Circuit Court in the county where the decedent resided to admit the estate to probate and to appoint a personal representative (sometimes called an administrator when there is no will).
2. Provide the court with the death certificate and an inventory of known assets and creditors.
3. The court issues letters or other documentation appointing the personal representative, who then has authority to collect assets, pay valid debts, and distribute the remainder to heirs according to ORS Chapter 112.
4. Heirs are notified and the personal representative files accounts and a final distribution plan with the court before assets are distributed.

The court clerk can provide required forms and local filing information. Filing requirements and fees vary by county.

5. How you actually claim your share

• If assets pass outside probate (beneficiary, joint account), contact the institution that holds the asset, provide the death certificate and any beneficiary or successor documentation, and request distribution.
• If a personal representative is handling probate, they will distribute intestate shares once creditors are resolved and the court approves distribution. Stay in contact with the personal representative and request accounting from them if you need details.
• If no personal representative is appointed but you are an heir and probate is needed, you can petition the court to be appointed administrator so you can complete the estate administration and receive your share.

6. What to do if someone disputes heirship or distribution

Contested situations (arguments about who is an heir, fraud, improper distribution, claims by creditors) often require filing contested petitions in probate court. Common remedies include:

• Petition to determine heirs
• Objection to accounting or distribution
• Request for an interim or full accounting from the personal representative

If there is a dispute, consult a probate attorney early. If you cannot afford one, the local court clerk or legal aid organizations can point you to low‑cost resources.

Practical documents checklist

• Certified copy of the death certificate
• Your proof of relationship to your mother (birth certificate, adoption records)
• List of known assets and account numbers
• Copies of title documents for real property and vehicles
• Any insurance policies, retirement plan statements, or beneficiary forms
• Records of debts (credit cards, mortgages, loans)

Timing, costs, and creditor claims

Probate timing in Oregon varies from a few months (for simple estates or small‑estate procedures) to a year or more for complex or contested estates. Court filing fees and publication or bond requirements vary by county and case complexity. Creditors typically must be given notice; the estate must resolve valid creditor claims before distribution. For specifics about deadlines and notice requirements, consult the probate clerk or review ORS Chapter 114: ORS 114.

When to get legal help

Consider hiring a probate attorney if any of the following apply:

• There is a dispute about who the heirs are.
• Significant real property or business assets are involved.
• There are complex tax or creditor issues.
• The personal representative is refusing or delaying distributions without explanation.

Helpful Hints

• Start by requesting several certified copies of the death certificate from the funeral home or county vital records office — institutions usually require certified copies to transfer assets.
• Search for beneficiary designations before opening probate — many retirement accounts and life insurance policies pass outside probate.
• Contact the county Circuit Court probate clerk where your mother lived for local forms, filing fees, and self‑help resources. Oregon Judicial Department probate information: https://www.courts.oregon.gov/programs/Probate/Pages/default.aspx.
• Keep good records of communications with banks, the personal representative, and other heirs.
• If the estate seems small or uncomplicated, ask the clerk about simplified or small‑estate procedures before filing full probate — they can save time and cost.
• Ask for a written accounting if you are an heir and need to verify distributions.

Key statutory references (Oregon): Oregon’s intestacy rules — ORS Chapter 112: https://www.oregonlegislature.gov/bills_laws/ors/ors112.html. Oregon probate procedures — ORS Chapter 114: https://www.oregonlegislature.gov/bills_laws/ors/ors114.html.

Next steps you can take today: 1) Get certified death certificates; 2) gather proof of your relationship; 3) review bank and insurance statements for beneficiary designations; 4) contact the probate clerk in the county where your mother lived to ask whether probate is required and to request forms; 5) consider a consultation with a probate attorney if anything is unclear or contested.

Reminder: This article explains general Oregon procedures only and is not legal advice. If you need legal advice about your specific circumstances, contact an attorney who practices probate law in Oregon.