Intestate Succession in Oregon

What happens when you die without a will

When a person dies without a Will in place, the Oregon Probate Law (Intestate Succession and Wills) determines how that person’s estate will be distributed.  The diagrams below will help you understand how the estate will be divided. This is not a complete list of scenarios but should give you a good idea of what can happen.  In real life, families can be incredibly complicated and who inherits what can be equally as complicated.

Surviving Spouse and Children

Surviving Spouse.jpg

No Surviving Spouse and Surving Children


When there is no surviving spouse, the Estate is distributed evenly between the children.

 

 Children from a Previous relationship and a surviving spouse  In this situation, the surviving spouse receives half of the estate while the Decedent’s children receive the other half distributed evenly.   Former spouse receives nothing.   

Children from a Previous relationship and a surviving spouse

In this situation, the surviving spouse receives half of the estate while the Decedent’s children receive the other half distributed evenly.   Former spouse receives nothing.

 

 Parents Share when Decedent has no children or spouse     
 
 
  
  
  
  
  
  
  
  
  
  
  
  
 
 
 
   
 
 
           When a Decedent passes with no Spouse or Children, the surviving Parent will inherit the estate.   

Parents Share when Decedent has no children or spouse


When a Decedent passes with no Spouse or Children, the surviving Parent will inherit the estate.

 

 No Heirs, unable to locate heirs or heirs refuse

No Heirs, unable to locate heirs or heirs refuse

Caveats

There are many other situations that can arise with families.  For example, parents can sometimes forfeit their share of estate because of neglect or abuse.  If the heir murdered or abused the person who died, Oregon law can prevent them from inheriting property.  There are also rules for grandparents inheriting property and for individuals inheriting property to two lines of relationships.

What appears first as simple can quickly become complicated when blended families, remarriages, not remarrying and other decisions we make throughout life get added to the mix.You can learn more about Oregon Probate on my practice area page. 

If you have any questions on how your property will be inherited after you pass, feel free to contact me.  

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Portland Probate Attorney
kevin@pnwprobate.com
(503) 893-5878