Probate in Oregon: What Your Family Goes Through Without a Will

When someone dies without a will in Oregon, the estate is distributed under the state's intestate succession laws through Oregon's circuit court.  In certain situations, some assets skip this process entirely.

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Situations where the probate process is not applicable include the following.

• Life insurance policies with a designated beneficiary.

• Any retirement accounts with an appointed beneficiary.

• Property held in joint tenancy with right of survivorship.

• Bank accounts with a payable-on-death designation.

If none of these apply, Oregon offers a small estate affidavit process under ORS 114.510 to 114.560. An estate qualifies if the total value does not exceed $275,000, made up of no more than $75,000 in personal property and no more than $200,000 in real property, once at least 30 days have passed since the death.

Succession Laws WLhout a Will in Oregon

Oregon is not a community property state, so all individually owned assets are treated the same and do not change based on when they were acquired during the marriage. Under ORS 112.025 and 112.035, the lines of succession without a will are as follows.

• If you are married with no descendants, your spouse inherits everything.

• If you have descendants but no spouse, your descendants inherit everything, divided by representation.

• If you have no spouse and no descendants, your parents inherit everything.

• If you have no spouse, no descendants, and no parents, your siblings inherit your estate.

If you are married and have descendants, the split depends on whether those descendants are shared with your spouse.

• If all of your descendants are also your spouse's, your spouse inherits everything.

• If one or more descendants are from other relationships, your spouse inherits one-half of the estate, and your descendants split the other half.

Want to compare your options before or after probate? Compare what is included in a will and a trust.