Answer: When someone dies in Oregon without a will (intestate), the estate passes under Oregon’s intestacy rules (see Oregon Revised Statutes, Chapter 112). Surviving children are primary heirs when there is no surviving spouse. Generally, surviving children share the estate equally. If a child died before the decedent but left children of their own (grandchildren of the decedent), those descendants typically inherit the deceased child’s share by representation. Adopted children are treated like biological children for inheritance. Unmarried or legally unestablished paternity must be resolved for a person to inherit as a child.

How the distribution among children normally works

– Equal shares to surviving children: If the decedent is survived only by children (no spouse, parents, or other heirs), the estate normally divides equally among the surviving children.

– Representation for descendants of a predeceased child: If a child predeceased the decedent but left children, those grandchildren usually take their parent’s share (this is commonly called “representation” or informally “per stirpes” distribution).

– Adopted and biological children: Oregon law treats legally adopted children the same as biological children for purposes of intestate succession.

– Children whose parentage is not established: A person who claims to be an heir as a child must have legal parentage established (for example, by a birth certificate, court order, or other legal proof) to inherit.

For the statutes governing intestate distribution, see Oregon Revised Statutes, Chapter 112: https://www.oregonlegislature.gov/bills_laws/ors/ors112.html.

Who gets priority to administer the estate (serve as personal representative)?

Administration (probate) is separate from distribution. If there is no will naming a personal representative, Oregon’s probate court will appoint one. The court follows rules and practical priorities under Oregon probate law (see Chapter 113 for administration rules): https://www.oregonlegislature.gov/bills_laws/ors/ors113.html.

Practically speaking:

• If there is a surviving spouse, the spouse often has the first practical claim to serve.
• If there is no spouse, an adult child may be appointed. If multiple children want to serve, the court chooses based on suitability, availability, and any conflicts among heirs.
• If the interested heirs cannot agree, the court will appoint the person it finds appropriate — which may be one of the children, another heir, or a neutral third party.
• Minor children generally cannot serve as personal representative without a court-appointed guardian or special approval.

Because appointment procedures and priorities are fact-specific, courts rely on Chapter 113 rules and local practice; consult ORS Chapter 113: https://www.oregonlegislature.gov/bills_laws/ors/ors113.html.

Common variations and special situations

– Surviving spouse present: If a spouse survives the decedent, the estate share that children receive can change (a surviving spouse often receives all or part of the estate depending on the circumstances and the number of children). See ORS Chapter 112 for details.

– Children from different relationships: All lawful children are considered heirs; the estate does not favor biological children from one relationship over children from another.

– Children who disclaim inheritance: A child can legally disclaim (refuse) their share; that share then passes as if the disclaiming child predeceased the decedent, often to that child’s descendants.

– Simultaneous death or uncertain survival: If it is unclear whether a child survived the decedent, rules about the required period of survival (or the court’s finding) can determine whether the child inherits.

Simple hypotheticals to illustrate

– Hypothetical A: Parent dies with three surviving children and no spouse. Each child normally receives one-third of the estate.

– Hypothetical B: Parent dies with two surviving children and a third child who predeceased the parent but left two children. The two surviving children each receive one-quarter, and the two grandchildren (children of the deceased child) split the remaining half (each grandchild receives one-quarter).

Helpful Hints

• Start by getting a copy of the decedent’s death certificate and any known estate papers. These help open probate and establish heirs.
• Identify all potential heirs and collect evidence of parentage (birth certificates, adoption records, marriage certificates, paternity orders).
• If multiple children want to serve as personal representative, try to reach an agreement and file a joint petition to avoid contested appointments and extra court expense.
• If a child’s parentage or adoption status is unclear, consult a probate attorney early — resolving parentage sooner avoids delays.
• Consider whether a child should disclaim an inheritance (disclaimers must meet statutory requirements and deadlines).
• Use the Oregon Revised Statutes for authoritative text: Chapter 112 (descent and distribution) and Chapter 113 (probate administration): ORS Chapter 112, ORS Chapter 113.
• When in doubt, consult a probate attorney or contact the local probate court for guidance on filing and deadlines.