Disclaimer

This is general information only and not legal advice. For advice about your specific situation, consult a licensed Oregon probate attorney.

Detailed Answer

If a parent dies without a valid will (intestate) in Oregon and the house is titled only in the parent’s name, you and your siblings will generally need to use Oregon probate law to transfer the property into your names. Oregon law determines who inherits when there is no will. The main steps are:

1. Confirm how the house is titled. Examine the recorded deed at the county recorder’s office (or online) to see whether the house was owned solely by the decedent, owned jointly with another person with rights of survivorship, or held in a trust. If the deed names joint owners with rights of survivorship or the property is in a trust, the house may pass outside probate. If the deed lists only the deceased parent as owner, probate is usually required.
2. Check for a will or trust and other transfer instruments. Verify whether the decedent left a will, a living trust, or a beneficiary deed/transfer-on-death instrument. A will or trust can change who receives the house. If none exist, intestate succession rules apply. See Oregon’s descent and distribution rules: Oregon Revised Statutes, Chapter 112 (Descent and Distribution): https://www.oregonlegislature.gov/bills_laws/ors/ors112.html
3. Determine whether a full probate estate administration is necessary. If the real property is titled solely in the decedent’s name, most counties will require some probate action to transfer title. Oregon has procedures for administration of estates, including simplified procedures in limited situations. See Oregon statutes on administration of estates: https://www.oregonlegislature.gov/bills_laws/ors/ors114.html and the Oregon Judicial Department’s probate information: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx
4. If probate is required, pick the right procedure.
   • Formal probate (appointment of a personal representative). The court appoints a personal representative (executor) who collects assets, pays creditors, and distributes property according to Oregon’s intestacy rules.
   • Summary or simplified procedures. In some low-value estates or when certain conditions are met, Oregon allows simplified procedures or affidavits to transfer some assets without full formal administration. Whether these apply to real property depends on the estate’s value and local rules. Check with the county circuit court or OJD resources.
5. File the necessary papers in the county circuit court. To begin probate you (or another heir) file a petition for appointment as personal representative in the circuit court of the county where the decedent lived. The court issues letters (authority), inventories assets, notifies creditors, and oversees the administration.
6. Follow Oregon’s intestate distribution rules. If the decedent left no surviving spouse, the children inherit the estate under Oregon’s intestate laws. If a spouse survives, the distribution depends on whether children are also survivors. See ORS Chapter 112 for specific distributions: https://www.oregonlegislature.gov/bills_laws/ors/ors112.html
7. Obtain a court order or execute a personal representative deed to transfer title. Once probate closes and the estate is ready for distribution, the personal representative signs and records a deed transferring the property to the heirs (or the court signs an order directing transfer). Record the recorded deed at the county recorder’s office where the property is located.
8. Pay attention to taxes, liens, and mortgages. Outstanding mortgages, property taxes, and creditor claims must be addressed during probate. The personal representative usually pays these from estate funds before distributing property.

Hypothetical example: A parent dies in Oregon owning the house in their name only and leaving three adult children and no spouse. One child files a petition to be appointed personal representative in the county circuit court. After notice and any creditor period, the personal representative transfers the house by deed that splits title among the three children as tenants in common (or by any other method the heirs agree on), and the deed is recorded.

Practical Documents and Resources

• Oregon Revised Statutes, Chapter 112 (Descent and Distribution): https://www.oregonlegislature.gov/bills_laws/ors/ors112.html
• Oregon Revised Statutes, Chapter 114 (Administration of Estates): https://www.oregonlegislature.gov/bills_laws/ors/ors114.html
• Oregon Judicial Department — probate information and forms: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx
• Oregon State Bar — find a lawyer / lawyer referral service: https://www.osbar.org

When to Hire an Attorney

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

• Real property has substantial value or there are mortgages, tax issues, or many creditors.
• Heirs disagree about who should control the estate or how to divide the property.
• There are complicating factors like missing heirs, out-of-state property, or possible wrongful transfers.
• You need help with filing petitions, court appearances, or preparing deeds and closing the estate properly.

Use the Oregon State Bar site to locate an attorney who practices probate and real estate law: https://www.osbar.org

Timing and Costs

Probate timelines vary. Simple cases may complete in a few months. More complex estates often take 9–18 months or longer. Costs include court filing fees, publication fees (if required), personal representative bond (if required), attorney fees, and recording fees. If you use a simplified or small-estate procedure, costs and time may be much lower.

Helpful Hints

• Start by obtaining several certified copies of the death certificate — courts and title companies require them.
• Request a copy of the deed from the county recorder to confirm current ownership and any encumbrances.
• Search for a will: check with the decedent’s lawyers, banker, safe deposit box, and personal papers.
• Talk to all siblings and heirs early to agree on the process (who will act as personal representative, how proceeds or title will be divided, whether to sell or keep the house).
• Ask the county assessor about unpaid property taxes and the assessor’s value for estate filing purposes.
• If you plan to sell the house, understand that buyers will want a clear chain of title; a completed probate or a court order clearing title is often required.
• Use court self-help pages and approved probate forms from the Oregon Judicial Department for filing; local clerk staff can often explain filing requirements (not legal strategy).
• If one heir wants to buy out the others, an appraisal will help set a fair price and clear title can be obtained through probate transfer and a recorded deed of sale between heirs.