When an Oregonian dies without a valid will, Oregon's intestacy statutes determine who receives probate property. The statutory result may or may not match the person's family relationships and preferences.
Who inherits, and in what order.
Oregon follows a statutory order. A surviving spouse receives the entire net intestate estate when all of the decedent's descendants are also descendants of that spouse. If the decedent has a descendant who is not a descendant of the surviving spouse, the spouse generally receives one-half and the descendants receive the other half. If there is no spouse or descendant, the statutes continue to parents, siblings, and more remote relatives. Property with a beneficiary designation, survivorship ownership, or another nonprobate transfer is addressed separately.
The statute applies a legal formula rather than the decedent's unwritten preferences. A valid will is the usual way to change the distribution of probate property, subject to spousal rights and other applicable law.
Who is excluded by default.
The following people and organizations generally do not inherit from an intestate probate estate solely because of the listed relationship:
- Unmarried partners. Do not inherit solely on that basis, regardless of how long the relationship lasted.
- Stepchildren. Do not inherit solely on that basis unless legally adopted.
- Close friends. Do not inherit solely on that basis.
- Charities. Do not inherit solely on that basis.
- Ex-spouses' children you've raised. Do not inherit solely on that basis without adoption or a Will.
Co-ownership, beneficiary designations, adoption, contracts, and other legal rights can change the result.
Who decides who raises your children.
If no valid parental nomination applies, the court determines who may serve as guardian under the child's best-interests standard and the available evidence. A will allows a parent to nominate primary and alternate guardians for the court to consider.
How long it takes.
The duration and cost of an intestate probate vary with the estate, creditor period, property, taxes, disputes, court schedule, and required accountings. Filing fees, notices, fiduciary expenses, and legal fees may be paid from the estate when authorized.
A valid plan gives the family written direction.
A will can nominate fiduciaries and direct probate property. A properly funded revocable trust may also reduce the property requiring probate. Preparation time, cost, and later administration vary, but planning now can reduce uncertainty and give the chosen decision-makers clearer authority.
If you have questions about how this fits into your own plan, the right next step is a focused consultation to design your plan with a clear flat-fee quote before any work begins.