Detailed Answer

This answer explains how Oregon law handles an estate when someone dies without a will (intestate) and whether formal probate administration is required. This is educational information only and not legal advice.

When probate administration is required

Under Oregon law, dying without a will means the decedent’s property passes according to the state’s intestate succession rules (see ORS Chapter 113). Whether you must open a formal probate case depends on how the decedent’s assets are titled and the amount and type of assets remaining in the probate estate.

Probate (also called administration) is typically required when the decedent owns assets in their sole name that cannot transfer automatically to others. Examples include:

• Real property titled only in the decedent’s name.
• Bank or investment accounts held solely in the decedent’s name without a payable-on-death (POD) or transfer-on-death (TOD) designation.
• Personal property (vehicles, valuable collections, business interests) titled in the decedent’s name alone.

If such assets exist, someone usually must petition the court to be appointed personal representative (administrator) to collect the assets, pay debts and taxes, and distribute what remains according to ORS Chapter 113 (Intestate Succession) and the estate administration rules in ORS Chapter 114. See ORS chapters for the statutory framework: ORS Chapter 113 (Intestate Succession) and ORS Chapter 114 (Administration of Estates). You can also find general probate guidance from the Oregon Judicial Department: Oregon Courts – Probate.

When probate may not be required

Oregon recognizes a number of non‑probate mechanisms that let assets pass to others without formal probate. If all of the decedent’s property passed outside probate, no administration is necessary. Common non-probate transfers include:

• Assets with beneficiary designations, such as life insurance, IRAs, 401(k)s, and many pensions.
• Accounts or securities with transfer-on-death (TOD) or payable-on-death (POD) beneficiaries.
• Jointly owned property with rights of survivorship (joint tenancy or tenancy by the entirety).
• Property held in a revocable living trust.

If the decedent’s entire estate consists of those kinds of non‑probate property and beneficiaries or co‑owners are properly identified, assets usually transfer directly to the named persons without a court administration.

Small estate and simplified procedures

Oregon has simplified procedures for smaller estates and certain types of property collection without full probate. These may include small estate affidavits or summary procedures under the statutes in ORS Chapter 114. The availability and exact procedure depend on the types of assets and statutory limits. See ORS Chapter 114 for the statutory provisions and check the Oregon courts website for practice forms and guidance: Oregon Courts – Probate.

Practical steps if someone dies without a will in Oregon

1. Identify and list all assets and how they are titled (sole name, joint title, trust, TOD/POD, beneficiary designation).
2. Locate important documents: deeds, account statements, titles, beneficiary forms, and any evidence of a trust or past estate planning.
3. Determine whether assets pass outside probate (beneficiaries, joint owners, trust assets). If they do, contact the institutions that hold those assets for their requirements to transfer title.
4. If sole‑titled assets remain, consider whether a simplified or small‑estate procedure applies. If not, file a petition for appointment of a personal representative with the probate court in the county where the decedent lived.
5. Notify creditors and heirs as required, gather and inventory assets, pay valid debts and taxes, and distribute the remainder according to ORS Chapter 113 (intestacy rules).

When to get help from an attorney

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

• The estate includes real property, a business interest, or complex assets.
• There are potential creditor claims or tax issues.
• Family members dispute ownership, heirship, or administration steps.
• There is out-of-state property or unusual titling problems.

Helpful Hints

• Begin by checking beneficiary designations and joint ownership before assuming probate is required.
• Contact the institutions holding accounts — banks and investment firms often have procedures for paying survivors that avoid probate.
• Keep careful records of communications, account statements, and bills—these make administration smoother and protect against creditor disputes.
• Use the Oregon Judicial Department’s probate pages for basic forms and county‑specific filing information: Oregon Courts – Probate.
• If you are named or expect to be named personal representative, act promptly to secure assets (change locks for real property, notify banks) and preserve value.
• Do not distribute assets until you are sure a formal administration is not required or until you are authorized by the court or by applicable statutes.
• If the estate appears simple but you are unsure about procedural steps, a limited initial consultation with a probate attorney can save time and cost later.