What Happens if You Die Without a Will in Oregon?
If you die without a will in Oregon, your assets pass to your closest relatives under the state's intestate succession laws found in ORS 112.025 and 112.035. Who inherits, and how much, depends on your whether you are married and what your family structure looks like.
If You are Married with Children
- If all of your descendants are your spouse's biological or adopted children, your spouse inherits everything.
- If one or more descendants are not your spouse's, your spouse inherits one-half of the estate, and your descendants split the other half, divided per stirpes.
If You are Married Without Children
If you have no children, your spouse inherits your entire intestate estate.
If You Don't Have a Spouse, but Have Children
Your descendants inherit everything, by representation. This includes biological and legally adopted children.
If You Don't Have a Spouse or Children
Your parents inherit your assets. If both are deceased, your siblings inherit, with a deceased sibling's share passing to their descendants.
If No Living Relatives Can Be Found
If no living relatives can be found, your property escheats to the State of Oregon. This is uncommon.
Other Things to Know about Dying Without a Will in Oregon
- Stepchildren generally do not inherit unless they were legally adopted.
- The circuit court will appoint a personal representative to administer the estate.
- Oregon has its own state estate tax with a $1,000,000 exemption, separate from any federal estate tax.
When Does an Estate Go Through Probate Without a Will
If the total estate 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, your family may opt for a small estate affidavit instead of a full probate proceeding, once at least 30 days have passed since the death.
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