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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your situation under Oregon law.

Detailed Answer

When a life insurance policy lacks a valid beneficiary designation, Oregon law treats the proceeds as part of the insured’s estate. Under Oregon Revised Statutes (ORS) Chapter 111, those funds pass through probate and distribute under intestate succession rules. Here’s how to enforce distribution in probate when no beneficiary exists:

1. Confirm Beneficiary Status: Contact the insurer and request a copy of the policy’s beneficiary designation form. If no valid beneficiary appears, the insurer must pay proceeds to the estate. (ORS 111.090(1): ors111.090).
2. Open a Probate Estate: File a petition for administration in the circuit court of the county where the decedent lived. A personal representative (administrator if no will exists) must be appointed. See ORS 111.305 et seq.: ORS Chapter 111.
3. Inventory the Estate: Include the life insurance proceeds as an asset. The personal representative must file an inventory and appraisal of estate assets with the court (ORS 115.105).
4. Notify Creditors and Heirs: Publish notice to creditors and mail notice to known heirs. This step prevents unexpected claims after distribution (ORS 115.065–115.085).
5. Pay Debts and Expenses: Use estate assets, including insurance proceeds, to pay valid claims, funeral costs, taxes, and administration fees (ORS 115.115).
6. Distribute Remaining Assets: After debts and expenses are paid, distribute the balance under Oregon’s intestate succession law (ORS 111.005–111.795):
   • If a surviving spouse only, the spouse inherits all. (ORS 111.009).
   • If a spouse and children share, the spouse receives half and children share the rest equally. (ORS 111.009).
   • If no spouse but children, children inherit equally. (ORS 111.009).
   • Absent spouse or issue, assets pass to parents, then siblings, and further next of kin in order. (ORS 111.025–111.045).
7. Obtain Court Approval: File a petition for final distribution and obtain the court’s order. Provide recipients with copies of the order and distribute assets accordingly (ORS 116.020–116.060).

Helpful Hints

• Gather life insurance policies, premiums records, and correspondence to confirm policy terms early.
• File probate papers promptly to avoid delay and potential competing claims.
• Keep a detailed ledger of estate expenses and distributions to simplify the final accounting.
• Review Oregon’s intestate succession statutes (ORS Chapter 111) to anticipate distribution outcomes.
• Consider hiring a probate attorney to guide you through court procedures and complex family situations.