What Happens If You Die Without a Will in Oregon?
Oregon's intestacy laws determine who inherits your assets when there's no will. The results may surprise you — and they rarely match what most families would choose.
When a person dies without a valid will in Oregon, they are said to have died "intestate." In that case, the state's intestacy laws — codified in Oregon Revised Statutes Chapter 112 — determine who inherits your assets. These laws represent the legislature's best guess at what the average person would have wanted, but they often produce outcomes that are far removed from what individual families would have chosen.
How Oregon's Intestacy Laws Work
Oregon's intestacy statutes distribute assets in a specific order of priority based on your surviving relatives. If you are married with children who are also your spouse's children, your spouse inherits everything. But if you have children from a prior relationship, the distribution splits between your spouse and those children — sometimes in proportions that create financial hardship or family conflict. If you have no spouse or children, the estate passes to your parents, then siblings, then more distant relatives. If no qualifying relatives can be found, your estate escheats — passes — to the state of Oregon.
What Intestacy Cannot Do
Oregon's intestacy laws apply only to assets that pass through your probate estate. They cannot affect assets held in joint tenancy, accounts with named beneficiaries (retirement accounts, life insurance, payable-on-death accounts), or property held in a trust. This means that intestacy can interact unpredictably with your other beneficiary designations — sometimes leaving certain heirs dramatically over- or under-provided for.
- Unmarried partners receive nothing under intestacy, regardless of the length of the relationship
- Stepchildren do not inherit unless they were legally adopted
- Close friends, caregivers, and favorite charities are entirely excluded
- No guardian is named for your minor children — that decision goes to a court
The Probate Process Without a Will
Without a will, someone must petition the Oregon probate court to be appointed as personal representative (executor) of the estate. Oregon law sets a priority order for who may serve in that role. The person appointed may not be the person you would have chosen — and they may not share your values or your understanding of your family's dynamics. The probate process without a will tends to be slower and more contested than estates with a clear, professionally drafted will.
The Solution Is Straightforward
A properly drafted will eliminates all of this uncertainty. Combined with the right trust structure, beneficiary designations, and powers of attorney, a comprehensive estate plan ensures that your assets go to the people and causes you care about — on your terms, not the state's. Contact our office today to begin the planning process.